Smith v. Pearce

Court of Appeals of Virginia

Smith v. Pearce

21 Va. 34, 1820 Va. LEXIS 7

DecidedApril 1, 1820

StatusPublished

This text of 21 Va. 34 (Smith v. Pearce) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Pearce, 21 Va. 34, 1820 Va. LEXIS 7 (Va. Ct. App. 1820).

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Opinion

Koaxe, Judge.

The court is of opinion, that the judgment of the Superior court of law is erroneous in, this, that the bond given on suing out the attachment in the proceedings mentioned, was not so imperfect, as to authorise the judgment quashing the said attachment. That judgment is therefore reversed with costs.

And this court proceeding to give such judgment, as the Superior court of law should have given, is farther of opinion, that the Judgment of the county court, is also erroneous, in not permitting the appellee to give special bail, and plead to issue, as he oifered to do.

That judgment is therefore also reversed with costs; and the cause is remanded, with directions, to permit the appellee to give special bail, if the same shall be offered; and, that the cause be proceeded in, to a final Judgment.

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Koaxe, Judge.

The court is of opinion, that the judgment of the Superior court of law is erroneous in, this, that the bond given on suing out the attachment in the proceedings mentioned, was not so imperfect, as to authorise the judgment quashing the said attachment. That judgment is therefore reversed with costs.

And this court proceeding to give such judgment, as the Superior court of law should have given, is farther of opinion, that the Judgment of the county court, is also erroneous, in not permitting the appellee to give special bail, and plead to issue, as he oifered to do.

That judgment is therefore also reversed with costs; and the cause is remanded, with directions, to permit the appellee to give special bail, if the same shall be offered; and, that the cause be proceeded in, to a final Judgment.

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Bluebook (online)

21 Va. 34, 1820 Va. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-pearce-vactapp-1820.