Bogle v. Sullivant
Court of Appeals of Virginia
This was an action of debt brought in the District Court by Bogle Sp Co. against Sullivant, upon a bond. The defendant plead ñon est factum; and the plaintiffs took issue. Upon the trial of the cause, the plaintiffs filed a bill of exceptions to the Court’s opinion; which stated, “ that the plaintiffs offered in evidence to the jury, proof of the hand-writing of the subscribing witnesses to the bond; and that the said witnesses were dead.
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This was an action of debt brought in the District Court by Bogle Sp Co. against Sullivant, upon a bond. The defendant plead ñon est factum; and the plaintiffs took issue. Upon the trial of the cause, the plaintiffs filed a bill of exceptions to the Court’s opinion; which stated, “ that the plaintiffs offered in evidence to the jury, proof of the hand-writing of the subscribing witnesses to the bond; and that the said witnesses were dead. That the plaintiff moved the Court to instruct the jury, that the said testimony was sufficient proof of the execution and delivery of the bond; but, that…
1Opinion of the Court
PENDLETON, President.
Delivered .the resolution of the Court to the following effect:
The Court sees no difference between this and other cases, where the evidence is admitted, and the weight which it ought to have is left to the jury, who have a right to decide it.* We, therefore, discover no error in the judgment; and, consequently, deny the motion for a writ of supersedeas, †
[* Ross v. Gill et ux. 1 Wash. 90; Keel et al. v. Herbert, 1 Wash. 203; Blincoe v. Berkeley, l Call, 412;Whitacre v. McIlhaney, 4 Munf, 313.]
[† See Clark v. Sanderson, S Binney, 192; Sluby v. Champlin, 4 Johns. R. 461;…
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