Bush v. Campbell
Supreme Court of Virginia
On the 24th of April 1858 Leroy Campbell sued out of the clerk’s office of the Circuit court of Roanoke county summonses against Wm. Gish, George Gish, Wm.
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On the 24th of April 1858 Leroy Campbell sued out of the clerk’s office of the Circuit court of Roanoke county summonses against Wm. Gish, George Gish, Wm. H. Fleshman, David H. Gish and Robert Bush, jointly in debt for $3,000, which were directed severally to the sheriffs of the counties of Roanoke, Bedford and Franklin; that directed to Roanoke was endorsed, “ Serve only on George Gish and David H. Gish,” and was returned executed; that directed to Bedford was endorsed, “Serve only on William H. Fleshman,” and was returned executed on him; that directed to Franklin was endorsed, “ Serve…
1Opinion of the Court
Staples J.
delivered the opinion of the court.
This is an action of debt brought in the Circuit court of Roanoke county, upon a writing obligatory. The instrument is joint and several, and purports to have been executed by five persons; process was issued against all the parties; but by direction of the plaintiff it was not served upon William Gish, whose name is first upon the bond as obligee. The declaration was filed, common order entered, and regularly confirmed *422at rules. At the next term thereafter, all the defendants pleaded usury, and three of them severally filed pleas of non est…
2Cases cited2 opinions
- Steptoe v. ReadSupreme Court of Virginia · 1868
- Shields v. OneySupreme Court of Virginia · 1817
3Cited by11 opinions
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- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Choen v. GuthrieWest Virginia Supreme Court · 1879
- Beazley's Adm'r v. Sims' Adm'rSupreme Court of Virginia · 1886
- McIntyre v. SmythSupreme Court of Virginia · 1908
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