Payne v. Britton's
Supreme Court of Virginia
" This was an appeal from the Superior Court of Law for the County of Fauquier. The executor of Britton brought an action of debt against White on a bill penal executed by the latter to the Plaintiff as executor. The bill was for glSl 67 cents, payable on demand, and the penalty, in case of failure to pay, was in double that sum. The Writ is in'the namé of Joseph D. Smith, executor of George Britton.
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" This was an appeal from the Superior Court of Law for the County of Fauquier. The executor of Britton brought an action of debt against White on a bill penal executed by the latter to the Plaintiff as executor. The bill was for glSl 67 cents, payable on demand, and the penalty, in case of failure to pay, was in double that sum. The Writ is in'the namé of Joseph D. Smith, executor of George Britton. Payne became the appearance bail of White; and executed a Bail Bond to the Sheriff of .......-■■■ County, without mentioning any County; it recites the Writ as at the suit of “Smith administrator…
1Opinion of the Court
Judge Green.
In this case, the-Judgment was by default for want of appearance; and according to the former decisions of this Court, the Statute of Jeqfxils does not apply to it.
The first objections taken, are to the Bail Bond; and first, that the Writ, being at the suit of Joseph D. Smith, executor of George Britton, and the Bail Bond reciting a Writ at the suit of J. D. Smith, administrator of G. Britton, the bond is, for this variance,fatally defective and void, under the 20th section of the 78th chapter of the Revised Code of 181.9. It is doubtful, wdiether the hieroglyphic in the bond, of…
2Cited by8 opinions
- Nelson v. Chesapeake & Ohio RailroadSupreme Court of Virginia · 1892
- Chapman's adm'rs v. Shepherd's adm'rSupreme Court of Virginia · 1874
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Hunt v. DiBaccoWest Virginia Supreme Court · 1910
- Kuykendall v. RuckmanWest Virginia Supreme Court · 1867
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