Source: United States Circuit Court of the District of Columbia
Date: 1803-11-01
Jurisdiction: United States
Citation: 23 F. Cas. 20 · 1 Cranch, C. C. 141
Opinion
Case No. 13,403. STEVENS v. LLOYD et al. [1 Cranch, C. C. 141.] Circuit Court, District of Columbia. Nov. Term, 1803. Judgment — Forthcoming Bond — Costs—Practice at Law. If a forthcoming bond has. by mistake, been given for a sum less than the judgment, it may, on the plaintiff’s motion, be quashed, as well as the execution issued thereon, upon paying the costs of the motion. [See Case No. 13,402.] Notice was given to this day of a motion for judgment on a forthcoming bond. Mr.
Swann, for plaintiff, moved to quash the bond and execution — the execution having been issued without including costs, by an error of the clerk, in supposing that judgment for $13 in assault and battery would not carry the costs. Mr. Youngs, for defendants, prayed that it might not be quashed without costs of the motion. Quashed, at the plaintiff’s costs.