Philip Pendleton Barbour

“ That although in case of a joint contract, strictly speaking, the plaintiff must sue all or one, yet if he does sue any intermediate number, and the defendants do not avail themselves of this, by plea in abatement, the objection is waived, by pleading to the merits, and is not one which can avail them upon writ of error; and the reason which the court gives, drawn from high authority, is, 'that the obligation is still the deed of all the obligors who are sued, though not solely their deed ”

“ It was said, that every man who is a party to an instrument, gives credit to it; that it was of consequence to mankind, that no person should hang out false colors to deceive them, by first affixing his signature to a paper, and then giving testimony to invalidate it. ”

“ Moss, 7 Cranch 206; upon the plain ground, that he is liable to his sureties for costs, in case judgment should be rendered against them. Now, although that was once the position of this witness, yet it was not such, at the time he was examined; for it appears by the bill of exceptions, that before his examination, his sureties had executed a release, in the most ample form, of all claim against him, arising out of their relation to him as sureties upon the bond, embracing everything which could be recovered against them, including costs. ”

“ THIS cause came on to be heard, on the transcript of the record from the circuit court of the United States for the eastern district of Virginia, and was argued by counsel: On consideration whereof, it is ordered and adjudged by this court, that the judgment of the said circuit court in this cause be and the same is hereby affirmed.
Notes
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”