Barrett & Co v. Tazewell
Court of Appeals of Virginia
Barrett 8? Co., as assignees of Emanuel Walker 8? Co., who were assignees of Theodorick Bland, brought an action of debt in the District Court o'f Williamsburg, upon a bond given by Tazewell to Bland, for payment of 900/. on or before the 25th day of December, 1786, under the penalty of 1800/.; which bond bore date the 13th day of March, 1785; was assigned to Walker <§• Co. on the 10th of May, 1786; and, by them, to Barrett 8,' Co. upon the 20th day of March, 1787. There…
Read the full summary
Barrett 8? Co., as assignees of Emanuel Walker 8? Co., who were assignees of Theodorick Bland, brought an action of debt in the District Court o'f Williamsburg, upon a bond given by Tazewell to Bland, for payment of 900/. on or before the 25th day of December, 1786, under the penalty of 1800/.; which bond bore date the 13th day of March, 1785; was assigned to Walker <§• Co. on the 10th of May, 1786; and, by them, to Barrett 8,' Co. upon the 20th day of March, 1787. There were endorsements as follows: By a judgment against Tayloe’s execu-> „4nn ln . tors, settled up to the 4th of May, 1792, 5…
1Opinion of the Court
ROANE, Judge.
The act of 1748, c. 5, § 6, [c. 8, 5 Larg. as as 1792, c. 76, § 21, [c. 128, § 83, 2?. C. p. 509, ed. 1819,] is the same in substance with the English statute of the 4 & 5 Ann. ch. 16, ought to have a liberal construction; and Courts of Law and Equity ought to exercise their own authority to extend the spirit and reason of it.
By that act it was meant, that in case of penalties, by way of security, the final justice of the case should be attained in Courts of Law. That is to say, that Courts of Law should, with respect to the object of that act, stand in the place of Courts of…
2Cases cited1 opinion
- Hairston v. ColeSupreme Court of Virginia · 1823
3Cited by16 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Strader v. GoffWest Virginia Supreme Court · 1873
- McDowell's Ex'or v. CrawfordSupreme Court of Virginia · 1854
- Brooke v. YoungSupreme Court of Virginia · 1824
- Brooke v. YoungSupreme Court of Virginia · 1824
11 more not listed; retrieve them via the Exa API.