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6 Va. 585

Smith v. Pearce

Supreme Court of Virginia

Decided April 1, 1820

Supreme Court of Virginia · decided 1820-04-01

FRANCIS SM ETli Sued out an a~tachinent signed by a~ Alderman of the town of Petersburg, against Samzw~ Pearce as an absconding debtor, for the sum of $312.48 cents, due by negotiaI~Ie itote, with interest thereon from the 1st day qf February 1817. In the condition of the bond for prosccut~ng the attachment, it was said to be for the sum of $312.48 cents; without mention-i~ig interest.

Decided 1820-04-01

Judge Roane

¶1pronounced the Court’s opinion, that the bond given on suing out the attachment in the proceedings mentioned, was not so imperfect as to justify the judgment quashing said attachment; and that the defendant should have been permitted to give special bail, and plead to issue, as he offered to do in the Hustings Court.

¶2Both Judgments were therefore reversed; and it was ordered that the cause be remanded to the Superior Gourt, and from thence to the Hustings Court, with di» *587rections to”permit "the defendant to give special bail, if the same shall be offered, and that the cause shall be proceeded in, to a final judgment.

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