Blankenship v. Ely
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Lee county, rendered June 16, 1898, in an action of debt, wherein the defendant in error was the plaintiff, and the plaintiffs in error were the defendants.
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Error to a judgment of the Circuit Court of Lee county, rendered June 16, 1898, in an action of debt, wherein the defendant in error was the plaintiff, and the plaintiffs in error were the defendants. This was an action of debt instituted by Ely against the plaintiffs in error on the following bond: “ Know Ml men by these presents that we, John W. Woodward, M. E. Woodward, E. A. Munsey and George W. Blankeiiship, are held and firmly bound unto G. H. Ely in the sum of six hundred dollars, to the payment whereof well and truly to -be made to the said Commonwealth of Virginia we bind ourselves…
1Opinion of the Court
Harrison, J.,
delivered,the opinion of the court.
The court is of opinion that the demurrer to the declaration was properly overruled. The bond sued on was executed in pursuance of a decree of the Circuit Court of Lee county. The defendants craved oyer of the bond, and of the decree directing its execution, and then demurred upon the ground that the bond did not conform to the requirements of the decree. The bond does not derive its efficacy from the order. It would be a valid and binding instrument, even though the record of the chancery case had been silent with respect to its execution. In…
2Cases cited4 opinions
- Richmond Union Passenger Railway Co. v. New York & Sea Beach Railway Co.Supreme Court of Virginia · 1897
- George Campbell Co. v. George Angus & Co.Supreme Court of Virginia · 1895
- Franklin's adm'r v. DepriestSupreme Court of Virginia · 1856
- Caskie's Ex'ors v. HarrisonSupreme Court of Virginia · 1882
3Cited by8 opinions
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- Columbia Amusement Co. v. Pine Beach Investment Corp.Supreme Court of Virginia · 1909
- Graff v. EpsteinMichigan Supreme Court · 1927
- Chicago, R. I. & P. Ry. Co. v. Cimarron Tp.Supreme Court of Oklahoma · 1917
- Virginia Beach Development Co. v. CommonwealthSupreme Court of Virginia · 1913
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