Butts v. Davis

This case was tried by the circuit judge without a jury, and comes before us with bill of exceptions. The suit was upon a bond given by the defendant Nelson J. Davis, who had been arrested as a fraudulent debtor, and gave this bond with condition that he would mate an assignment under the statute.

The court permitted the defendants to put in evidence the proceedings in the course of which the bond was given. This was done on a claim that the proceedings were void. Their admission is now assigned for error. But, if the proceedings were void in fact, the bond was without consideration, and if…