Rocky Mount Loan & Trust Co. v. Price
Supreme Court of Virginia
Error to a judgment rendered by tbe Circuit Court- of Eranklin county, in a proceeding by motion for a judgment wherein tbe plaintiff in error was tbe plaintiff, and tbe defendants in error were tbe defendants. Tbe proceeding in this case was a joint proceeding against several living persons and tbe personal representatives of several wbo were dead. Mo question was made about tbe riglit so to proceed.
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Error to a judgment rendered by tbe Circuit Court- of Eranklin county, in a proceeding by motion for a judgment wherein tbe plaintiff in error was tbe plaintiff, and tbe defendants in error were tbe defendants. Tbe proceeding in this case was a joint proceeding against several living persons and tbe personal representatives of several wbo were dead. Mo question was made about tbe riglit so to proceed. While not referred to, it supposed that tbe plaintiff proceeded under section 3212 of tbe Code. Tbe bonds sued on, though signed by several, ran in tbe singular number, “I promise to pay,” “I…
1Opinion of the Court
Harrison, J.,
delivered tbe opinion of tbe court.
This is a motion under tbe statute, by the plaintiff in error *300as assignee of William Gentry, for judgment against the defendants in error upon two bonds, dated November 18, 1890— one for $500.00, payable one year after date, with interest from date, and the other for a like sum, payable two years after date, with interest from date. These bonds, copies of which are filed with the record, appear on their face to be the joint and several obligations of N. O. Carper, J. J. Carper, Jas. C. Greer, G. H. T. Greer, B. N. Hatcher, G. M. Helms and H. C.…
2Cases cited1 opinion
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