M'Call v. Turner
Court of Appeals of Virginia
This was an appeal from the District Court of King and Queen, upon the following case. On the 18th day of January, 1774, Reuben Wright, Reuben Turner, Benjamin C. -Spiller and William Aylett, entered into a bond of the usual form, to Robert M’Kendlish, in the penalty of 551. with condition to be void on payment of 271. 10s. on or before the first day of October, thence next following, “ with interest from the date;” which bond, M’Kendlish assigned to the plaintiff by an…
Read the full summary
This was an appeal from the District Court of King and Queen, upon the following case. On the 18th day of January, 1774, Reuben Wright, Reuben Turner, Benjamin C. -Spiller and William Aylett, entered into a bond of the usual form, to Robert M’Kendlish, in the penalty of 551. with condition to be void on payment of 271. 10s. on or before the first day of October, thence next following, “ with interest from the date;” which bond, M’Kendlish assigned to the plaintiff by an endorsement in these words: “ Pay the within to Archibald M’ Call,” signed Robert M’Kendlish. Upon which bond, M’Call…
1Opinion of the Court
FLEMING, Judge.
There were two points made in this cause, one by the plaintiff’s counsel on the propriety of admitting the evidence in order to extinguish the interest during the absence of the plaintiff from this country ; and the other by the defendant’s counsel on the point, whether the plaintiff by failing to continue the process against the non-resident parties, had not discontinued his suit altogether ?
On the first question, it was said by the plaintiff’s counsel, that such evidence could not be given on the plea of payment: which position is correct, if the case be considered at common…
2Cited by25 opinions
- Georgia Railroad & Banking Co. v. WrightSupreme Court of Georgia · 1906
- Roberts' adm'or v. CockeSupreme Court of Virginia · 1877
- Shepherd v. WysongWest Virginia Supreme Court · 1868
- Dow v. Adam's AdministratorsSupreme Court of Virginia · 1816
- Brewer v. HastieCourt of Appeals of Virginia · 1801
20 more not listed; retrieve them via the Exa API.