Culpeper Agricultural & Manufacturing Society v. Digges
Supreme Court of Virginia
Appeal from the Superior Court of Daw for Fauquier County. The Culpeper Agricultural & Manufacturing Society brought an action of debt against William H. Digges and Whiting Digges, who were the obligors in a note under seal, executed to the “President and Managers of the Culpeper Agricultural and Manufacturing Society. ” The Declaration avers that the said note was executed to the Plaintiffs, by the name and style of “The President and Managers of,” &c.
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Appeal from the Superior Court of Daw for Fauquier County. The Culpeper Agricultural & Manufacturing Society brought an action of debt against William H. Digges and Whiting Digges, who were the obligors in a note under seal, executed to the “President and Managers of the Culpeper Agricultural and Manufacturing Society. ” The Declaration avers that the said note was executed to the Plaintiffs, by the name and style of “The President and Managers of,” &c. The Writ was executed and appearance bail given. The Defendants appeared, without having given special *bail, and pleaded, that the…
1Opinion of the Court
March 4.
JUDGE GREEN
delivered his opinion.
The objection now taken by' the Appellants, that the Appellees were improperly permitted to appear, plead and demur, without giving special bail, was waived by the Appellants’ taking issue on the plea, and joining in the demurrer-, *without making this objection in. terms; and the appearance bail was thereby discharged, as was decided in Grays v. Hines, 4 Munf. 437. The appearance of the Defendants, and pleading' without'giving special bail, superceded the issue joined upon the plea put in by the bail for their appearánce, and rendered it null. In…
2Cases cited1 opinion
- Grays v. HinesSupreme Court of Virginia · 1815