Woodson v. Johns

3 Va. 230

• Court: Supreme Court of Virginia
• Decided: April 9, 1812
• Status: Published

Opinion

The president pronounced the Court’s opinion, “ that the said judgment is erroneous; 1st. Because the security in a bond for the prosecution of an injunction, is not liable for the costs and damages which may accrue on an appeal to a Superior Court ; 2dly. Because the defendant, neither in his declaration, nor in his assignment of breaches of the condition of the bond, demanded such costs and damages ; and. 3dly. Because no such damages on the affirmance of a decree in Chancery, were allowed at law, at the time of executing the said bond.'

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Judgment reversed, and new trial directed, “ on which trial the jury is to be instructed according to this opinion.”

Sec Rev. Code, vol. 2.