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9 Va. 98

White v. Tally

Court of Appeals of Virginia

Decided April 15, 1804

Court of Appeals of Virginia · decided 1804-04-15

The declaration, in this case, was upon a joint bond ; but there were separate judgments, arising from the different times of serving the writ upon the respective defendants.

Decided 1804-04-15

Tucker, Judge.

¶1Regularly speaking, there was a mistrial, but it being in the same term, and the pleas the same, it was cured by the statute of jeofail. The declaration was against the defendants jointly, and not severally, which therefore seemed to require a joint judgment; but, for the other reason, I am of opinion, that the judgment should be affirmed.

¶2Per Cur. Affirm the judgment.

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