Taylor's Administratrix v. Peyton's Administratrix

1 Va. 252

Opinion

Lyons J.

We will not now determine how the case would have been if the defendant had insisted upon oyer of the original bond : because it is clear, that she has waved the necessity of its being produced, by accepting oyer of a copy, and pleading to the action.

The case is completely within the reason of the modern practice, stated in the case of Read v. Brookman, and the notes subjoined.

Judgment affirmed.

Footnotes

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(1)

Waller's Ex. v. Ellis, 2 Munf. 88.