Green v. Skipwith

Decided May 15, 1823

Supreme Court of Virginia · decided 1823-05-15

This was an action of debt, brought by Skipwith against Green, in the superior court of Mecklenburg. A conditional judgment was entered against Green and his appearance bail, which was confirmed on the 7th April, at the rules. On the 8th day of April following, judgment was rendered by the court, the defendant Green obtained a supersedeas from a judge of the court of appeals.

Decided 1823-05-15

¶1May 19.

Judge Brooke,

¶2delivered the opinion of the court:

¶3The court is of opinion, that it was error in the superior court to enter a judgment against the defendant, on the day after the conditional judgment had been confirmed at rules; the defendant having until the next term after the conditional judgment is confirmed in the office, to set it aside, under the act of assembly.

¶4The judgment is, therefore, reversed, and the cause remanded, with liberty to the appellant to plead and set the oflice judgment aside, on the usual terms, or to be final, in case of his failure to set it aside.