
    *Bragg and Others v. Murray.
    Decided, Dec. 3, 1817.
    Forthcoming Bond — No Penal Sum in Obligatory Part — - Effect. — A motion for judgment on a forthcoming bond, in the obligatory part whereof no penal snm is mentioned, can not be sustained; but such bond, with the execution on which it was founded, may be quashed, on a motion for that purpose.
    A forthcoming bond was taken, without any penal sura mentioned in the obligatory part; but with a condition in the usual form. A judgment was obtained upon it in the County Court, and affirmed in the Superior Court, to which a Writ of Super-sedeas was granted by a Judge of this Court.
    
      
      See monographic note on “Statutory Bonds” appended to Goolsby v. Strother, 21 Gratt. 107.
    
   Upon inspection of the Record, (without argument,) the Court’s opinion was pronounced by

JUDGE ROANE,

as follows.

The Court is of opinion, that the judgments of both Courts are erroneous, in this; that the paper on which the judgment was rendered, was not a bond, such as would justify the motion under the Act of Assembly; there being no sum mentioned in the penal part thereof; and that the same, with the execution on which it was founded, ought to have been quashed, if a motion for that purpose had been made. The Judgments of both Courts are therefore reversed, and the motion dismissed. ,  