Wood v. Commonwealth
Court of Appeals of Virginia
Appeal from the Superior Court of Law for Albemarle county. A Scire Facias issued from the County Court of Albemarle against Isaac Wood .and John Wood, praying execution on behalf of the Commonwealth, on a recognizance entered into by the defendants, conditioned for the personal appearance of Isaac Wood at a Court of Albemarle county, ordered to be holden for his examination on a charge of having stabbed a certain Charles Pemberton.
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Appeal from the Superior Court of Law for Albemarle county. A Scire Facias issued from the County Court of Albemarle against Isaac Wood .and John Wood, praying execution on behalf of the Commonwealth, on a recognizance entered into by the defendants, conditioned for the personal appearance of Isaac Wood at a Court of Albemarle county, ordered to be holden for his examination on a charge of having stabbed a certain Charles Pemberton. The Scire Facias recites, “ that Isaac Wood and John Wood, on the second day of November, 1816, at the parish of and county aforesaid, personally appeared before…
1Opinion of the Court
Judge Green.
A party may plead nut tiel record, and if upon inspection by the Court, the record is not such as is described in the pleadings, he will have judgment; or he may crave oyer of the record, which makes the record a part of the pleadings in that case; 18 Vin. Abr. 184, pl. 20, 21; and when it is spread upon the record by oyer, if the party ad-*331mils that the record of which oyer is given him is the true record, and relies that it does not support the pleadings or Scire Facias, it seems to me that he should not deny that there is such a record, by plea; but, that he ought to demur, upon…
2Cited by18 opinions
- Hutsonpiller's adm'r v. Stover's Adm'rSupreme Court of Virginia · 1855
- EMAC, L.L.C. v. County of HanoverSupreme Court of Virginia · 2016
- State v. DorrWest Virginia Supreme Court · 1906
- Cannon v. CommonwealthSupreme Court of Virginia · 1899
- State v. SmithWest Virginia Supreme Court · 1925
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