Full text
Beale v. Downman and others
PENDLETON, President,
delivered the resolution of the Court, as follows:
The errors assigned are in conflict. The first, if true, removes the only reason in support of the second; that, having a remedy by motion, he could not bring suit on the bond.
Both errors are, therefore, overruled; the judgment of the District Court reversed; and judgment is to be entered for the plaintiff, according to the verdict.*
Footnotes
[*] Johnson v. Meriwether, 3 Call, 523.]