Legal Opinion

Johnson v. Goldsborough

General Court of Virginia

Decided May 15, 1804PublishedCited by 3 opinions

In this case a judgment was entered in this court at May term 1803, for ¿£3000 current money debt, and 536 wT. tobacco'costs, to be released on payment of ¿£1459 current money', with interest from the 1st of December 1800, and costs, with a stay of execution until the 1st of August 1804. The defendant on the 10th of July 1804, produced a writ of error endorsed, “bond fih d and securities approved.” at an adjournment of the court, in August 1804, moved the court that a writ,…

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In this case a judgment was entered in this court at May term 1803, for ¿£3000 current money debt, and 536 wT. tobacco'costs, to be released on payment of ¿£1459 current money', with interest from the 1st of December 1800, and costs, with a stay of execution until the 1st of August 1804. The defendant on the 10th of July 1804, produced a writ of error endorsed, “bond fih d and securities approved.” at an adjournment of the court, in August 1804, moved the court that a writ, of capias ail satisfaciendum might issue on the above judgment, notwithstanding the writ of error which had been sued…

1Opinion of the Court

Chase, Ch. J.

It appears to the court that the writ of error bond is not a supersedeas, and that the writ of capias ad satisfaciendum may issue, subject to *501any objections which the defendant may make thereto lipón the return thereof.

CA. SA. ORDERED ACCORDINGLY.

2Cited by3 opinions

  1. O'DONNELL v. McGannCourt of Appeals of Maryland · 1987
  2. Tucker v. State ex rel. KneightonCourt of Appeals of Maryland · 1857
  3. Ringgold's CaseHigh Court of Chancery of Maryland · 1824

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