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6 Va. 32

Bragg v. Murray

Supreme Court of Virginia

Decided December 3, 1817

Supreme Court of Virginia · decided 1817-12-03

A forthcomhig bond was taken, without any penal sum mentioned in the obligatory part; but with a condition in the usual form. A judgment was obtained upon it in th~ County Court, and affirmed in the Superior Court, to which a Writ of Supersedeas was granted by a Judge of this Court.

Decided 1817-12-03

¶1Upon inspection of the Record, (without argument,) the Court's opinion was pronounced by Judge ROAN~, as follows.

The Court

¶2is of opinion, that the judgments of both Courts are erroneous, in this; that the paper on which the judgment was rendered, was not a bond, such as would justify the motion under the Act ~f Assembly; there being no sum mentioned iii the penal part thereof; ai~d that the same, with the execution on which it was founded, ought to have been quashed, if a motion for that purpose had been made. The Judgments of both Courts arc therefore reversed, and the motion dismissed.

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