Public-domain · open source
OpenJurist

1 Va. 120

Ross v. Poythress

Court of Appeals of Virginia

Decided October 15, 1792

Court of Appeals of Virginia · decided 1792-10-15

This was an action of debt brought by' the appellant in the District Court of Petersburg, upon a prison bounds bond; the breach assigned in the declaration, is. nearly in the words of the condition of the bond, with an averment, that the prisoner did depart and escape from the bounds, without being discharged by due course of law.

Decided 1792-10-15

The PRESIDENT,

¶1We shall give no positive opinion, as to the effect of an injunction obtained upon an execution against the goods and chattels, after seizure; as that case is not before us: probably it would be considered as settled by the act of 1791, which directing a restitution of the money levied, would seem to include inferior cases, and to extend, by an equitable construction, to the restitution of goods seized in execution, and not sold.

¶2The reason is much stronger in the case of an execution against the bodjT, where the injunction would have no effect at all, if it did not operate to discharge the body from confinement.

¶3Judgment affirmed.

/1/va/120 · .json · Public domain