Ming v. Gwatkin

Decided November 1, 1828

Supreme Court of Virginia · decided 1828-11-01

Mary G. Gwatkin sued out a Writ of Capias ad Respondendum, in debt, against Amos Hoff and Charles Ming, from the Office of the Superior Court of Las for Prince William County. It was returned !lNo inhabitant,” as to Hoff, and the suit abated as to him. It was executed on Ming, who gave Jesse Green as his appearance bail. The Bail-Bond was copied into the Record, by which the Plaintiff was called Mary G. Gwatkin.

Decided 1828-11-01

¶1November 1.

JUDGE CABELL

¶2delivered the opinion of the Court.

¶3Many objections were made to the Judgment, but it is unnecessary to notice more than one of them.

¶4The Judgment was by default for want of appearance, and consequently the Writ and Bail-Bond are parts of the Record. Shelton v. Pollock & Co., 1 Hen. & Munf. 423; Quarles v. Buford, 3 Munf. 487.

¶5*The Writ is in the name of Mary G. Gwatkin, as Plaintiff, and the Bail-Bond states the suit as being in the same name. But, the* Declaration and Judgment are in the name of Mary S. Gwatkin, The baptismal name, MaryG., in the Writ and Bail-Bond, is essentially different from the baptismal name, Mary S., in the Declaration and Judgment. A suit instituted in one name, will not justify a Declaration and Judgment in another. On this ground, without noticing anj' other, the Court is of opinion to reverse the Judgment, and to set aside all the proceedings subsequent to the Writ and Bail-Bond.