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Reports of Cases Argued and Determined in the Court of Appeals of Virginia (Volume 23)

Reports of Cases Argued and Determined in the Court of Appeals of Virginia (Volume 23)


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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. 1824. Excerpt: ... 1824. judgment against tHe principal would conclude his sureties, February. s0 0ugnt the evidence on which such judgment is rendered, Muntord, to conclude them; and the case of Braxton v. Winslow, 1 Wash. 31, and Greensides v. Benson, 3 Atk. 248, were Oreriews the cases, and the only cases relied upon, to shew that a tfl'oor, e. .."...., . judgment against the principal was conclusively binding on the sureties. No such point was decided in Braxton v. Winslow, either as reported in 1st Washington, or in CalPs manuscript report of the case; and, neither the Court, in the judgment reported in Washington, nor any Judge, (all of whom gave their opinions seriatim, as reported in Call's manuscript, ) intimated, in the most remote way, that a judgment, either in the first instance against the executor, establishing the demand against the testator's estate, or an after-judgment against the executor, establishing a devastavit by him, were, to any purpose, conclusive against the sureties. They only decided, that until a creditor had established his demand and a devastavit by such judgments, he was not entitled to sue the sureties of the executor, upon the official bond of the executor. So far as the Court decided, that it was necessary to establish a devastavit against the executor in a separate suit against him, before a suit could be maintained against his sureties, the decision was extra-judicial, as the question did not arise in that case; yet, it was considered as giving the law of the country, until it was corrected by a Legislative act. The Court, however, might well have decided, that an original judgment against the executor, so far as it went to establish a demand against the estate of the testator, could not. be controverted by the sureties of the executor ...


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Product Details
  • ISBN-13: 9781150591068
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 170
  • Spine Width: 9 mm
  • Width: 189 mm
  • ISBN-10: 1150591064
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 313 gr


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