Opinion
12-03-1817
Bragg and Others v. Murray
A forthcoming bond was taken, without any penal sum mentioned in the obligatory part; but with a condition in the usual form. A judgment was obtained upon it in the County Court, and affirmed in the Superior Court, to which a Writ of Supersedeas was granted by a Judge of this Court.
Judgments reversed, and the motion dismissed.
OPINION
Upon inspection of the Record, (without argument,) the Court's opinion was pronounced by JUDGE ROANE, as follows.
The Court is of opinion, that the judgments of both Courts are erroneous, in this; that the paper on which the judgment was rendered, was not a bond, such as would justify the motion under the Act of Assembly; there being no sum mentioned in the penal part thereof; and that the same, with the execution on which it was founded, ought to have been quashed, if a motion for that purpose had been made. The Judgments of both Courts are therefore reversed, and the motion dismissed.