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21 Va. 34

Smith v. Pearce

Court of Appeals of Virginia

Decided April 1, 1820

Court of Appeals of Virginia · decided 1820-04-01

Smith brought an attachment against the estate of Pearce an absconding debtor. Pearce not appearing to defend the suit, Smith’s counsel moved the court for an order of sale of the attached effects; and that the amount of Smith’s claim should be paid him. And while the motion was before the court, counsel for Pearce offered special bail, and filed a plea.

Decided 1820-04-01

Koaxe, Judge.

¶1The court is of opinion, that the judgment of the Superior court of law is erroneous in, this, that the bond given on suing out the attachment in the proceedings mentioned, was not so imperfect, as to authorise the judgment quashing the said attachment. That judgment is therefore reversed with costs.

¶2And this court proceeding to give such judgment, as the Superior court of law should have given, is farther of opinion, that the Judgment of the county court, is also erroneous, in not permitting the appellee to give special bail, and plead to issue, as he oifered to do.

¶3That judgment is therefore also reversed with costs; and the cause is remanded, with directions, to permit the appellee to give special bail, if the same shall be offered; and, that the cause be proceeded in, to a final Judgment.

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