Jett v. Walker
Supreme Court of Virginia
.Appeal from the superior court of law of Brunswick county. The facts were these : Thornton Jett became the appearance bail of Robert Wallace, in a suit brought by Robert M. Walker, against the said Wallace. Judgment was obtained against the principal and bail", and an execution issued against the goods and chattels of the said Wallace and Jett. The forthcoming bond recites in the condition, that an execution had issued against Wallace only.
Read the full summary
.Appeal from the superior court of law of Brunswick county. The facts were these : Thornton Jett became the appearance bail of Robert Wallace, in a suit brought by Robert M. Walker, against the said Wallace. Judgment was obtained against the principal and bail", and an execution issued against the goods and chattels of the said Wallace and Jett. The forthcoming bond recites in the condition, that an execution had issued against Wallace only. This bond being forfeited, notice was given by the plaintiff, that he would move for judgment; hut the plaintiff himself moved the court to quash the…
1Opinion of the Court
Judge Brooke,
delivered the opinion of the court.*
The supersedeas in this case, upon an inspection of the record, is found to extend only to the judgment overruling the appellant’s motion, to quash the second execution and forthcoming bond. The court, therefore, not deciding whether the appellant, even if there was error in the first judgment, would be entitled to a supersedeas, is of opinion that there is no error in the second judgment, and it is therefore affirmed.
Judge Cabell was absent.
NOTE.—After the decision in this case, Wickham intimated that he should apply for a supersedeas, to the…
2Cited by2 opinions
- Mapp v. ThompsonSupreme Court of Georgia · 1850
- Garland v. LynchSupreme Court of Virginia · 1843