Legal Opinion

Ward v. Churn

Supreme Court of Virginia

Decided July 2, 1868PublishedCited by 34 opinions

This was an action of debt in the Circuit Court of Northampton county, brought by William Churn against John H. Powell, Jackson B. Powell, George S. Powell and Alexander J. Ward, upon a single bill, of which the following is a copy: On demand for value received, we, John H. Powell principal, and Jackson B. Powell, Robert W. Powell, George S. Powell and A. J. Ward, his securities, do hereby bind ourselves, our heirs, executors and administrators to pay or cause to be paid…

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This was an action of debt in the Circuit Court of Northampton county, brought by William Churn against John H. Powell, Jackson B. Powell, George S. Powell and Alexander J. Ward, upon a single bill, of which the following is a copy: On demand for value received, we, John H. Powell principal, and Jackson B. Powell, Robert W. Powell, George S. Powell and A. J. Ward, his securities, do hereby bind ourselves, our heirs, executors and administrators to pay or cause to be paid unto William Churn, his heirs, executors, administrators or assigns, the just and full sum of one thousand and thirty-seven…

1Opinion of the Court

Joxnes J.

This is an action of debt upon a single bill brought by William Churn against John H. Powell, Jackson B. Powell, George S. Powell and A. J. Ward. The bond, as written, purports to be the bond of John H. Powell as principal, and of the other parties and Robert W° Powell as securities. It was not executed by Robert W. Powell, a vacant space and seal being left for his name between those of Jackson B. Powell and George S. Powell. John H. Powell suffered judgment by default. The other defendants craved oyer of the writing in the declaration mentioned, and pleaded jointly three pleas,…

2Cases cited3 opinions

  1. Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
  2. Peshine v. SheppersonSupreme Court of Virginia · 1867
  3. Cox v. Thomas' Adm'xSupreme Court of Virginia · 1852

3Cited by34 opinions

  1. Carrico v. W. Va. Cent. & Pa. R'y. Co.West Virginia Supreme Court · 1891
  2. Newlin v. BeardWest Virginia Supreme Court · 1873
  3. Gas Co. v. WheelingWest Virginia Supreme Court · 1875
  4. Lyttle v. CozadWest Virginia Supreme Court · 1882
  5. Nash v. FugateSupreme Court of Virginia · 1880

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