Bell v. Marr

Decided October 27, 1797

Court of Appeals of Virginia · decided 1797-10-27

<p>If the forthcoming bond include an excess, and the plaintiff after judgment, but during the same term, release the excess, the defect is thereby cured; and the judgment rendered valid.</p>

Decided 1797-10-27

PENDLETON, President.

¶1Delivered the resolution of the Court to the following effect:

¶2That there was no difference between this case and that of Scott v. Hornsby, decided the other day ; except that the release here, was after the judgment, but in that case, it was before. That the Court, however, thought there was no distinction between the principles of the two cases; and consequently that the judgment, in this, as well as in that case, was right; and ought to be affirmed.