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1 Va. 61

Leftwich v. Berkeley

Supreme Court of Virginia

Decided October 23, 1806

Supreme Court of Virginia · decided 1806-10-23

THIS was a suit brought in the General Court by William Berkeley, successor of Jacquelin Ambler, late treasurer of the commonvrealth, against William Leftwich, 'A. Moseley and J. Callaway, and three other persona, as securities for Gross Scruggs, late sheriff of Bedford.

Decided 1806-10-23

¶1On Saturday the 25th of October, the President delivered the opinion of the court, (present^ Judges Lyons, Roane and Tucker,) that there was error in this, that the bond in the declaration mentioned being a joint and several obligation, and it being stated in the declaration that Gross Scruggs, one of the obligors, had executed the said bond by having acknowledged himself to be held and firmly bound with the other obligors in the said bond, and not being jointly sued with the other obligors, nor stated to be dead, the judgment against the other obligors is erroneous. The judgment is therefore reversed.

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