Harrison v. Tiernans
Court of Appeals of Virginia
These were two actions of debt brought in the Superior Court of Law for the County of Rockingham, by the appellees against John Clarke, on two single bills. Each writ was endorsed, “ Debt on single bill. Bail required.** These writs were returned executed, with. G. TV. Harris son as appearance bail. At the same time, papers, purporting to be bail bonds, were returned to the clerk’s office. These papers were in. the usual form, signed and sealed by John Clarke ■ and G. TV.
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These were two actions of debt brought in the Superior Court of Law for the County of Rockingham, by the appellees against John Clarke, on two single bills. Each writ was endorsed, “ Debt on single bill. Bail required.** These writs were returned executed, with. G. TV. Harris son as appearance bail. At the same time, papers, purporting to be bail bonds, were returned to the clerk’s office. These papers were in. the usual form, signed and sealed by John Clarke ■ and G. TV. Harrison, but no sum is mentioned in the penalty of either bond. Declarations were filed, and office judgments obtained…
1Opinion of the Court
Judge Cabell
delivered the opinion of the Court.*
It was decided by this Court, in the case of Shelton v. Pollock & Co. 1 Hen. & Munf. 423, that if the Sheriff returns a writ executed, and (he name of the appearance bail, but does not return the bail bond, or a copy thereof to the clerk’s office, together with the writ, judgment ought not to be entered against the bail, but against the Sheriff.
In the case at bar, the Sheriff' returned with the writ, a writing purporting to be a bail bond, but which specifies no sum of money to be paid by the obligor to the obligee; the part of the writing, in…
2Cited by3 opinions
- Penn v. HamlettSupreme Court of Virginia · 1876
- Preston v. HullSupreme Court of Virginia · 1873
- Rhea v. Gibson's ex'orSupreme Court of Virginia · 1853