Reports of Cases Decided in the Court of Appeals of Virginia: From ..., volume 1

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Reports of Cases Decided in the Court of Appeals of Virginia: From ..., volume 1
Francis Walker Gilmer, Virginia. Supreme Court of Appeals
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Even a judg- •ment between the same parties on the matter in contro- versy must be pleaded by way of estoppel; and if they go to trial on the general issue, the judgment is not con- clusive, but only evidence to be weighed by the Jury, and they may find against the former verdict and judg- ment(() In the case before us^ the very matter in issue was, were the accounts kept by the Treasurer correct?
to say that the^ defendants cannot prove them to be in- correct, is directly to deny them the righ
...t of being heard in their defence: they have a right to plead mat- ter which discharges them, but no right to prove it The bond is prospective in its terms, and its obliga- tion, as understood by all parties at the time. Yet the con- struction on the other side, makes one bond extinguish all the preceding bonds; and imposes on sureties who bound .
themselves to make good any deficiency happening in the year during which they were sureties, the burthen of all deficiencies past, present, and to come, until another bond should be executed.


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