Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-12-19
OASE FIItST.
John w. Keerle, Pi'G, \

CASE fIttSI.
John w. N KS, F''n On an adjourned case
r. E.n n Norris defsn- perior Court.
The following opinion and judgment were
pronounced -
The plaintiff instituted an action of debt on
pTomiSSory note against Robert n. Norris,
who gave Richard Norris as his appearance
bail. An otflce Judgment waS rendered against
the defendant AID pail, and al the next session
OF the superior court, the said appearance bail
became special bail, and the defendant not
having pleaded TO the action, the Judgment at
the end OF the torn stood confirmed against
him, but the clerk did not enter il confirmed
against TIE appearance bail. The execution
issued against the defendant alone aud proved
Intellectual. Al the succeeding superior court
the riain,ih moved the court - correct, what
he couiended was an error of The clerk in Ell,
terinS tue final Judgment after the preceding
term g alleging that Judgment ought TO have
been entered hnaIly against The appearance bail
as well as tile defendant. because the appear
ance bail atho he entered special bail, failed 10
SET aside the office ndsmeni." The Judge OF at
court thereuPOn adjourned TO this court the fol
lowing question" Does the entry of special
bail by the appearance bail after an olEce jndg-
ment confirmed at rules, virtually set aside the
Judgment against the said appearance bail Z"
The proper solution of this question depends
on the correct construction of the act of AS
sembly. Tue language is as follows: Every
judgment entered in the Office against any de>
PENDANT, or against any defendant aud bail, or
against any defendant aud sheriff. shall be set
aside, 1t the defendant at the succeeding term
&c. shall be allowed to appear without bail Dut
in good bail, being ruled SO to do. or surrende,
himself in custody, aud shall plead 10 issue i'm.
mediateiy"-(ist Rev. Co. p sos, 77.) Ano.
ther clause of the act, will throw light on this
subject. The sheriff is directed To return The
names of the hail aud the bail bond or a copy
on the day of appearance. " Aud If the defeu.
| daht shall tail 10 appear accordingly, and girt
| the special Gail, the bail for appearance may de
| fend the suit, and shall be subject TO tile same
Judgment and recovery DIS the defendant might
| or would be subject TO, if he had appeared
| and given special Gail.'-(Ib y. $40. : 49, The
condition OF The bail bond 49, that The defendant
| do appear TO answer the plaintiff OF hls plea
| lie must 1pFear according 10 the exi.ency o.
the wit, aud this appearance is effected b,
| putting in, and justiIying bail to the dctiOH.-
| 81 Com 200. The condition then OF The hai
bond is complied with, by putting III bail 10 tht
action, 10 done ia due Time Bdc. Ab. 316 -
| This bail TO the action, is what is known in the
| statutes of Virginia. by the term special bail
His undertaking is Different from that of tht
| appearance baii-it rs, that H. the defendant b.
cast in The suit lle will pay aud satisfy the con
| demualiou OF the court, or render his body il
| execution, or that the special bail viii! do il 70
| him. Ii this kiud OF bail be- put in, in du
time, the appearance bail is discharged. VIVA
| then is The due time Ia the case Of DKHiO
as. I0pOrie, q Hen. and Dun p. 22) ii was de
cIded that tile appearance bail had a right {
become special bail, not merely on the retur
day Of the writ, nor yet at the first term afte
the Office judgmenrireu but al The secou
term after the appearance bail himself la
defended the suit, and had pleaded for III
principal. That second term was decided Z
TIC dRe time for putting iu SPECIAL bail, be
cause at that very time, tie defendant hnse
is allowed TO appear, by putting IN special bal
although he had been before ~ default, an
was then allowed 10 plead TO issue.
Ills true that as to the defendant himscl
tie OthccJndsment cdpnot be set aside withOi
pleading TO issue, as well as giving good bal
where bail is required. But we DO not THU
that, IS 10 the appearance bail, plea by IL
defendant is necessary tosVt aside the oiiiC
| Judgment. IL tie defendant be allowed .
appear without bail" the Appearance bail
J ! discharged, by tie act of the couIt, wiihO
I pleadiug 80 il he sgrrendsr himself IN Gu
| iOdy, !" tie bail h discharged, whether the d
| PENDANT plead or not iu like manner. 1t q
, defendant put Ia good bail, being raled SO
, | do, the appearance BAL Is thereby discharge
I | list, because that Is thH dag Time allowed
Z the CONT for the defendant 10 appear, al
>. ( 2dly. because tie undertaking % tie twO hin