Newberry v. Sheffey

Citations

• 89 Va. 286
• 15 S.E. 548
• 1892 Va. LEXIS 96

Syllabus

<p>1. Judgment—Forthcoming bond—Service of process.—Under Code, § 3396, judgment on a forthcoming bond may be had against the sureties, though the principal has never been served with notice of the motion.</p> <p>2. Res Judicata.—By decree of sale of land for partition, it had been adjudicated that the purchaser’s wife’s share therein should be credited on the purchase-money due from him; and judgment had been had against his sureties, execution issued, and forthcoming bond taken for the deferred payment, and those sureties moved the court to continue the motion for judgment on the forthcoming bond until the amount of the credit should be determined and applied.</p> <p>Held :</p> <p>The motion was properly overruled, because the rights of the parties, so far as the proceeding at law was concerned, had been settled by the judgment.</p> <p>3. Idem—Res judicata.—By decree in the equity suit the sum of $2,000, owing purchaser from a sub-purchaser of part of the land, was directed to be credited on the forthcoming bond, instead of on account of his former purchase of the same land, and the matter was res judicata, and not open to review on the writ of error to said judgment.</p>