Green v. Bailey
Supreme Court of Virginia
THIS was an action of Debt on a Bond, brought by the Appellee against the Appellant. The declaration was in the usual form on a plain bond, saying nothing of any condition. The defendant prayed oyer of the Condition of the Bond; (from which it appeared to be a Bond, for submitting to the Award of certain Arbitrators, mutually chosen, all controversies between the parties ;) and pleaded Conditions performed.
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THIS was an action of Debt on a Bond, brought by the Appellee against the Appellant. The declaration was in the usual form on a plain bond, saying nothing of any condition. The defendant prayed oyer of the Condition of the Bond; (from which it appeared to be a Bond, for submitting to the Award of certain Arbitrators, mutually chosen, all controversies between the parties ;) and pleaded Conditions performed. The plaintiffs replied generally ; and in the transcript of the Record these words were added, “ and general rejoinder and issue A Jury were empannelled, who found for Ihe plaintiff, and…
1Opinion of the Court
November 27th, 1816, the Judges pronounced their opinions.
Judge Coalter.
This is an action of Debt on a Bond conditioned to abide by an Award, &c. The Declaration is in Debt on the penalty of the Bond : the defendant takes Oyer of the Bond and Condition, and pleads Conditions performed ; to which the plaintiff replies generally, and there is a general rejoinder and issue, and verdict and judgment for the plaintiff
The first question which arises is, whether the pleadings and issue in this case are merely informal, and so aided by the statute of Jeofails; or whether there is such substantial…
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- Reynolds v. HurstWest Virginia Supreme Court · 1881
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