Opinion
FEBRUARY TERM, 1804.
Youngs, for defendant in error, cited 1 Call's Rep. 42, Scott v. Hornsby; and Bell v. Marr, p. 47. — Worsham v. Egleston, p. 48 ; and Wilkinson v. M`Lochlin, p. 49.
THIS was a writ of error to a judgment of the circuit court of the district of Columbia, sitting at Alexandria, upon a forthcoming bond, taken under the laws of Virginia.
The execution, upon which the bond was taken, was for "143 dollars and 67 cents, also twelve dollars, thirty-three " cents, and 355 pounds of tobacco at the rate "of 13 shillings and 4 pence per cwt." The recital of the execution in the bond stated it to be for "143 dollars "67 cents, also twenty dollars thirty-three cents, "and 355 pounds of tobacco at the rate of 13 shillings "and four pence per hundred weight; and marshall's "fees and commissions, and all costs attending the execution "of the said writ, 8 dollars and 11 cents, making " in the whole the sum of one hundred and seventy-one " dollars ninety-nine cents." This aggregate sum was correct according to the execution, and not according to the recital, there having been a mistake in writing the word twenty for twelve. The court below, considering the recital as correct in substance, rendered judgment for the plaintiff. The defendants took a bill of exceptions, and brought their writ of error.
Judgment affirmed, with 10 percent. damages and costs.