Taylor v. Stewart's Ex'ors
Court of Appeals of Virginia
This is a supersedeas to a judgment of the district court of Fredericksburg, reversing a judgment obtained in the county court of Caroline, by the appellants against the testator of the appellees.
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This is a supersedeas to a judgment of the district court of Fredericksburg, reversing a judgment obtained in the county court of Caroline, by the appellants against the testator of the appellees. The action in the county court was brought in the name of James Taylor & al., surviving justices of Caroline, ^against James Garnett, H. Stewart, (the testator of the appellees,) and others, in debt on a bond for James Garnett’s faithful administration of the estate of James Garnett, deceased. At the foot of the declaration, breaches are assigned for the non-payment of two several sums of money to…
1Opinion of the Court
TUCKRR, Judge.
This was an action brought in April 1795, upon an executor’s bond, dated in 1776, nominally against the executor and his securities, upon the suggestion of a devastavit: But the suit abated as to the executor and two of the securities by the return, that those defendants were not inhabitants of Caroline county. The, breach assigned, in the body of the declaration, is the non-payment of the penalty of the bond. The defendant Stewart pleaded that he had performed the conditions of the bond. The breaches of the condition, assigned at the foot, or on the back of the declaration,…
2Cases cited4 opinions
- Sayward v. CarlsonWashington Supreme Court · 1890
- Chichester v. VassCourt of Appeals of Virginia · 1797
- Call v. RuffinCourt of Appeals of Virginia · 1798
- Cabell v. HardwickCourt of Appeals of Virginia · 1798