Carter v. Hale
Supreme Court of Virginia
These were actions of debt in the circuit court of Carroll county, both of them founded on the same bond. One was against Fielden L. Hale, the principal, and Ira B. Coltrane, one of the sureties in a bond to the plaintiff, Thomas W. Carter, for $3,200, dated the 10th of October, 1857, and payable in two years, executed by said Hale and Coltrane and John Watson, another surety. Watson being dead, the second action was against his administrator.
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These were actions of debt in the circuit court of Carroll county, both of them founded on the same bond. One was against Fielden L. Hale, the principal, and Ira B. Coltrane, one of the sureties in a bond to the plaintiff, Thomas W. Carter, for $3,200, dated the 10th of October, 1857, and payable in two years, executed by said Hale and Coltrane and John Watson, another surety. Watson being dead, the second action was against his administrator. The pleadings and issues in both cases were the same, and were “payments” and a special plea with a list of set offs. These consisted of four notes…
1Opinion of the CourtBurks, J.
*117These two causes are heard together. The same questions precisely are presented for decision in each. Only one of those questigns need be considered and decided, and is, whether, under the law as it stood on the 28th day of April, 1876 (the date of trial in the court below), in an action of debt instituted on a joint and several bond by the obligee against the surviving obligors, or against the personal representative of a deceased obligor, any one of the surviving obligors was a competent witness on behalf of the defendants against the plaintiff.
Upon the authority of several recent decisions…
2Cases cited3 opinions
- Steptoe v. ReadSupreme Court of Virginia · 1868
- Field v. BrownSupreme Court of Virginia · 1873
- Grigsby v. SimpsonSupreme Court of Virginia · 1877
3Cited by5 opinions
- Hoge & Hutchinson v. TurnerSupreme Court of Virginia · 1899
- Hall v. RixeySupreme Court of Virginia · 1888
- Claiborne v. ParrishCourt of Appeals of Virginia · 1795
- Claiborne v. ParrishCourt of Appeals of Virginia · 1795
- Claiborne v. ParrishCourt of Appeals of Virginia · 1795