United States Digest; A Digest of Decisions of the Various Courts Within the United States, from the Earliest Period to the Year 1870. Comprising All

United States Digest; A Digest of Decisions of the Various Courts Within the United States, from the Earliest Period to the Year 1870. Comprising All

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 edition. Excerpt: ...If a person, returned as appearance bail, denies that he executed the bond, he may plead non est factum. Spotswood v. Douglas, 6 Munf. (Va.) 812. But he is not precluded from seeking relief in equity, by failing to appear and so plead. And if he seek such relief by a bill of injunction, the officer who returned the writ and bond should be made a party thereto, as well as the plaintiff in the original suit. Spotswood v. H iggenbotham, 6 Munf. (Va.) 818. 787. Where judgment is summariiv entered against one returned as having executed a bail bond, he is not precluded from obtaining relief in equity by not having pleaded non est factum, after being informed that his name was signed to the bond, since, if he in fact didnotexecute the bond, he had no day in court. Spotswood v. Higginbotham, 6 Munf. (Va.) 818. To the bill, in such case, the officer who returned the bond, as well as the plaintiff at law, ought to be made a party defendant. lb. And, in such case, a decree may, if justice requires it, be entered against the officer in favor of the plaintiff at law. lb. 788. The emanation of a ca. sa. against a principal, and a return of non est, is an indispensable prerequisite to bringing sci. fa. against bail. Green v. Thompson, 1 Patt. & H. (Va.) 427. 789. If a sci. fa. against bail is returnable to a rule day, it seems that the day of return and of appearance is the same; and if the writ is returnable to the first day of a court, and that happens to be a rule dav, that is also the appearance day. Kyles v. Ford, 2 Rand. (Va.) 1. 790. If a sheriff, after taking bail, makes a return that the defendant is committed to jail, he loses his remedv on the bail bond. Henry v. Stone, 2 Rand. (Va.) 466. S. P. Henry v. Green, 4 Munf. (Va.)227. 791. Where...show more

Product details

  • Paperback | 970 pages
  • 189 x 246 x 49mm | 1,696g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236651553
  • 9781236651556