5 Va. 219
Decided May 15, 1798
Court of Appeals of Virginia · decided 1798-05-15
This was an action of debt brought by the Sheriff on- a forthcoming bond, payable to the Sheriff instead of the creditor ; and, upon non est factum pleaded, the jury found for the plaintiff. There was a motion in arrest of judgment, upon the following grounds: 1st. That the bond was not taken according to law. 2d. That the remedy was by motion. The District Court arrested the judgment, and the plaintiff appealed to this Court.
Decided 1798-05-15
¶1delivered the resolution of the Court, as follows:
¶2The errors assigned are in conflict. The first, if true, removes the only reason in support of the second; that, having a remedy by motion, he could not bring suit on the bond.
¶3Both errors are, therefore, overruled; the judgment of the District Court reversed; and judgment is to be entered for the plaintiff, according to the verdict.
¶4Johnson v. Meriwether, 3 Call, 523.]