Tennant's v. Gray
Supreme Court of Virginia
'■ THIS was an action of debt upon a Bond, dated July 3d, l 1789, for 150?. 9s. 9d. to be discharged by the payment of ’ 761. 4s. 10\d. on demand. The Writ was issued on the 24th day of March, 1806, returnable to the District Court of Fredericksburg. The damages stated in the Writ were 20?. The declaration was in the usual form, but leaving the damages blank.
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'■ THIS was an action of debt upon a Bond, dated July 3d, l 1789, for 150?. 9s. 9d. to be discharged by the payment of ’ 761. 4s. 10\d. on demand. The Writ was issued on the 24th day of March, 1806, returnable to the District Court of Fredericksburg. The damages stated in the Writ were 20?. The declaration was in the usual form, but leaving the damages blank. On the 17th of October, 1815, a Verdict was found for the plaintiff, for the debt in the declaration mentioned, and 22?. 17s. 0d. in damages. Judgment was entered “ for 150?. 9s. 9d. “ the debt in the declaration mentioned, together with…
1Opinion of the Court
March 224, 1817, the President pronounced the Court’s opinion, that the Judgment was erroneous, in this, that it gave damages exceeding those laid in the Writ; and also in this, that, as the principal and interest, exceeded the penalty of the Bond, the Judgment ought to have been íotéÉÍ penalty, and damages, not exceeding those in the Writ.
Judgment reversed; Verdict set aside; and cause remanded for a, new trial, to be had therein, unless the plaintiff would release the excess of damages beyond those laid in the Writ; in which event, Judgment was directed to be entered for the debt in the…
2Cited by16 opinions
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- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Tazewell's ex'or v. Saunders' ex'orSupreme Court of Virginia · 1856
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