Nadenbush v. Lane
Court of Appeals of Virginia
Appeal from the Superior Court of Berkeley county; where Lane brought an action of debt on a bond against Nadenbush and Harrison. The declaration is in the simple form of a declaration on a bond for the payment of money, without any breaches assigned. An office judgment was obtained for want of appearance, and a writ of enquiry executed; on which the jury found a verdict for the plaintiff. The Court rendered judgment against the defendants and their appearance bail.
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Appeal from the Superior Court of Berkeley county; where Lane brought an action of debt on a bond against Nadenbush and Harrison. The declaration is in the simple form of a declaration on a bond for the payment of money, without any breaches assigned. An office judgment was obtained for want of appearance, and a writ of enquiry executed; on which the jury found a verdict for the plaintiff. The Court rendered judgment against the defendants and their appearance bail. The record contains a bond, filed with the declaration, which is an appeal bond. The writ has an endorsement in these words: “…
1Opinion of the Court
Judge Green.
It is admittéd that there is error in this case, in requiring bail, and entering judgment against him, and failing to suggest breaches of the condition of the bond, if the Court can ascertain from the record, that the bond sued upon was really a bond with a collateral condition. But, it is suggested, that in a case like this, when the declaration states the obligation, without intimating that there was any condition; and when there was a writ of enquiry, the bond, although copied into the record, is not properly a part of it. If this were so, still this would appear to be a suit…
2Cited by13 opinions
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- Bliss v. WilsonIndiana Supreme Court · 1836
- Reynolds v. HurstWest Virginia Supreme Court · 1881
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