Strange v. Floyd
Supreme Court of Virginia
This was an action of debt in the Circuit court of Brunswick, instituted by Jane Floyd against Robert Morris the principal, and Benjamin Strange his surety, on a ne exeat bond. The suit abated as to Morris by the return on the writ that he was no inhabitant.
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This was an action of debt in the Circuit court of Brunswick, instituted by Jane Floyd against Robert Morris the principal, and Benjamin Strange his surety, on a ne exeat bond. The suit abated as to Morris by the return on the writ that he was no inhabitant. The plaintiff, in her declaration, set out a bond executed to herself and two others, and stated no excuse for not joining them as plaintiffs in the action; and she assigned the breach in the condition of the bond in not paying the amount claimed to her, and did not state that it was not paid to her co-obligees. Strange, without craving…
1Opinion of the CourtMoncure, J.
This was an action of debt brought by the appellee Jane Floyd against Robert Morris and the appellant Benjamin Strange, on a ne exeat bond. It abated as to Morris by a return of “ no inhabitant” on the writ. Strange demurred generally to the declaration, and pleaded condition performed; and issues were thereon joined. The demurrer was overruled, and verdict and judgment were rendered for the plaintiff for the penalty of the bond and costs, to be discharged by the payment of the. damages assessed by the jury and the costs. To that judgment a supersedeas was awarded by this court, on a petition…
2Cases cited1 opinion
- Baker v. JewellMassachusetts Supreme Judicial Court · 1810
3Cited by19 opinions
- Douglass v. Central Land Co.West Virginia Supreme Court · 1878
- Reid v. FieldSupreme Court of Virginia · 1887
- Fitzhugh's Ex'or v. FitzhughSupreme Court of Virginia · 1854
- Reynolds v. HurstWest Virginia Supreme Court · 1881
- Hamtramck v. Selden, Withers & Co.Supreme Court of Virginia · 1855
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