Grays v. Hines
Supreme Court of Virginia
THIS was an action of debt, on a bond, in the superior court of Southampton county. A common order at rules in r ' , the clerk’s office was entered in February, and confirmed m March, 1813, against the' defendants, and the bail for their appearance; “ subject to certain credits, endorsed on the bond,” which credits were stated by the clerk m the transcript of the record.
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THIS was an action of debt, on a bond, in the superior court of Southampton county. A common order at rules in r ' , the clerk’s office was entered in February, and confirmed m March, 1813, against the' defendants, and the bail for their appearance; “ subject to certain credits, endorsed on the bond,” which credits were stated by the clerk m the transcript of the record. At April term following, “ on the motion of the defendants by their attorney, who (without praying oyer of the bond,) pleaded payment, to which the plaintiff' replied generally, it was ordered that the judgment, ob- , , , . ,…
1Opinion of the Court
The president pronounced the folt. lowing opinion of the court.,The< court is of opinion, that there is error in the said judgment, in so much thereof as includes the bail, who was. discharged by the admission of the appellants to appear without bail, and plead; and that there is error also in ren7 dering the judgment to be discharged by the payment of the sum stated in the condition of the bond, subject to a deduction of the credits endorsed thereoninstead of making that deduction, and rendering the judgment for the real ^alance due.
Judgment reversed. with the «posts of this court against *439the…
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