Early v. Moore

Decided April 7, 1814

Supreme Court of Virginia · decided 1814-04-07

<p>1. A judgment ought not to be entered on a bond, for a sum of money, <c subject to a credit for a hogshead of tobacco,” without ascertaining its value ; but the amount of such credit should, in the first place, be ascertained by a writ of enquiry, and judgment should be rendered for the balance. (O’See Rev. Code, 1st vol. ch. 66, sect. 42. p. 80.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1814-04-07

How this case has been cited

Cited by 5 later decisions — most recently May 1909

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Judge Roane

¶1pronounced the court’s opinion, that the District Court erred in rendering judgment for 3277 4s. 4d. with interest, &c. subject to a credit of a hogshead of tobacco delivered in the year 1799, instead of having the value of that tobacco ascertained, as of that date, and rendering judgment for the balance, after the amount of that value with interest shall have been deducted.

¶2Both judgments reversed, and the cause remanded to the superior court of law, “ in order to be proceeded in subsequent to the waver of the plea.”