Bogle v. Sullivant

Decided April 26, 1799

Court of Appeals of Virginia · decided 1799-04-26

This was an action of debt brought in the District Court by Bogle Sp Co. against Sullivant, upon a bond. The defendant plead ñon est factum; and the plaintiffs took issue. Upon the trial of the cause, the plaintiffs filed a bill of exceptions to the Court’s opinion; which stated, “ that the plaintiffs offered in evidence to the jury, proof of the hand-writing of the subscribing witnesses to the bond; and that the said witnesses were dead.

Relies on Haas v. Gaddis · Columbia & Palouse Railroad v. Farrington

Verdict and judgment for the defendant · Decided 1799-04-26

PENDLETON, President.

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

¶2The Court sees no difference between this and other cases, where the evidence is admitted, and the weight which it ought to have is left to the jury, who have a right to decide it.* We, therefore, discover no error in the judgment; and, consequently, deny the motion for a writ of supersedeas, †

¶3[* Ross v. Gill et ux. 1 Wash. 90; Keel et al. v. Herbert, 1 Wash. 203; Blincoe v. Berkeley, l Call, 412;Whitacre v. McIlhaney, 4 Munf, 313.]

¶4[† See Clark v. Sanderson, S Binney, 192; Sluby v. Champlin, 4 Johns. R. 461; Nelson v. Whittall, 1 Barn. & Ald. 19.]