Booker's exrs. v. M'Roberts

5 Va. 213, 1 Call 243, 1798 Va. LEXIS 13

Opinion

PENDLETON, President.

After stating the case, delivered the resolution of the Court as follows:

The Court think it immaterial whether the creditor had or had not a remedy by motion, under the act of Assembly, [c. 12, § 14, 5 Stat. Larg. 534,] since the act having no negative words, the creditor had his election to pursue the statutory mode, or his common law remedy on the bond.

Footnotes

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Judgment affirmed.

[* Com. Dig. Action upon Statute (C.)]