Court of Appeals of Virginia, 1798

Beale v. Downman

Beale v. Downman
Court of Appeals of Virginia · Decided May 15, 1798 · Pendleton
5 Va. 219; 1 Call 249; 1798 Va. LEXIS 16

Beale v. Downman

Opinion of the Court

PENDLETON, President,

delivered the resolution of the Court, as follows:

The errors assigned are in conflict. The first, if true, removes the only reason in support of the second; that, having a remedy by motion, he could not bring suit on the bond.

Both errors are, therefore, overruled; the judgment of the District Court reversed; and judgment is to be entered for the plaintiff, according to the verdict.*

Johnson v. Meriwether, 3 Call, 523.]

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