Pratt v. Wright
Supreme Court of Virginia
This was a suit in. equity in the Circuit court of Madison county, instituted by John J. Pratt against his late guardian Uriel Wright and his sureties, for an account of his guardianship and satisfaction of the amount which might be ascertained to be due. Wright had removed from the state of Virginia, and was proceeded against as an absent defendant.
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This was a suit in. equity in the Circuit court of Madison county, instituted by John J. Pratt against his late guardian Uriel Wright and his sureties, for an account of his guardianship and satisfaction of the amount which might be ascertained to be due. Wright had removed from the state of Virginia, and was proceeded against as an absent defendant. One of the sureties and the representative of another demurred to the bill, and also answered, insisting that the bond executed by Wright and his sureties was void and of no effect for defects apparent on its face. The bond in the penal part of…
1Opinion of the CourtDaniel, J.
The appellees Millar and Humphreys insist, respectively, in their several answers, that the bond on which the suit is founded is not binding on the securities because of faults apparent on its face. They do not, however, (either of them,) point to the particular feature or features of the bond in which the supposed faults are to be found; and the Circuit court simply responds to this ground of their defense by declaring the bond null and void. We are thus left to conjecture the reasons on which the objections to the validity of the bond were rested and sustained.
The act in force at the time…
2Cases cited1 opinion
- Call v. RuffinCourt of Appeals of Virginia · 1798
3Cited by26 opinions
- Pace v. PaceSupreme Court of Florida · 1882
- Gibson v. BeckhamSupreme Court of Virginia · 1862
- Holliday's Ex'rs v. MyersWest Virginia Supreme Court · 1877
- Aetna Casualty & Surety Co. v. Earle-Lansdell Co.Supreme Court of Virginia · 1925
- State ex rel. v. PurcellWest Virginia Supreme Court · 1888
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