Arch Hodge vs. Daniel Plott
I am not an attorney; however, here is the interpretation that I understand from the case:
For some currently unknown reason, William Harris (principal) owed Daniel Plott (plaintiff) $68.12 and $1.12.
Apparently, Daniel Plott sued William Harris and “Daniel Plott recovered a judgment against William Harris, before a justice of the peace, for the sum sixty-eight dollars and twelve cents ($68.12) debt, and one dollar and twelve cents costs ($1.12).”
However, William Harris appealed the judgment and entered into a bond with Arch Bond. Apparently, William Harris lost his appeal. The court rendered a judgment against for sixty-six dollars and twelve cents debt ($66.12), and seven dollars and thirty-seven cents ($7.37) damages, but no judgment against Hodge as security.
However, and here is the primary reason for this important case, a scire facias (a writ requiring a person to show why a judgment regarding a record or patent should not be enforced or annulled) was sued out against both William Harris and Arch Hodge. Remember, from above that no judgment was against Hodge as security; however, now Hodge was pulled into the judgment.
“A judgment was rendered by the court below against Hodge for the above debt, and four dollars and ninety-five cents damages, with costs, from which Hodge appealed to this court.”
A long story pulled to a short story, “Now, although the law is that judgment shall be entered against the security (Arch Hodge) as well as the principal (William Harris), yet it is plain that this provision being for the benefit of the plaintiff (Daniel Plott), he (Daniel Plott) may waive it, and may make his (Daniel Plott) election and take judgment against the principal (William Harris) only. This was done in this case, …” Daniel Plott only elected for a judgment against William Harris, not the bondsman and security-man Arch Hodge.
“Besides, if there had been a joint judgment (naming both William Harris and Arch Hodge) in the first instance, still the security (Arch Hodge) would not be bound to pay until it legally appeared that the principal (William Harris) was unable and could not pay, and nothing of this kind has been shown.”
Yes, William Harris was ordered to pay Daniel Plott what he owed to Daniel. That is all Daniel wanted the $68.12 and $1.12.
No, Arch Hodge did not owe Daniel Plott a debt, which Daniel Plott did not ask for. Arch Hodge owing Daniel Plott was a court mistake.
Daniel Plott acknowledged that he only wanted the debt due him from William Harris.
The confusion of Arch Hodges owing Daniel Plott was “Reversed.”, which Daniel Plott agreed and acknowledged. Daniel Plott only wanted William Harris to pay his debt to him. Daniel Plott did not have disagreement with Arch Hodge; however, Arch Hodge had to sue Daniel Plott to clear up the matter.
For some currently unknown reason, William Harris (principal) owed Daniel Plott (plaintiff) $68.12 and $1.12.
Apparently, Daniel Plott sued William Harris and “Daniel Plott recovered a judgment against William Harris, before a justice of the peace, for the sum sixty-eight dollars and twelve cents ($68.12) debt, and one dollar and twelve cents costs ($1.12).”
However, William Harris appealed the judgment and entered into a bond with Arch Bond. Apparently, William Harris lost his appeal. The court rendered a judgment against for sixty-six dollars and twelve cents debt ($66.12), and seven dollars and thirty-seven cents ($7.37) damages, but no judgment against Hodge as security.
However, and here is the primary reason for this important case, a scire facias (a writ requiring a person to show why a judgment regarding a record or patent should not be enforced or annulled) was sued out against both William Harris and Arch Hodge. Remember, from above that no judgment was against Hodge as security; however, now Hodge was pulled into the judgment.
“A judgment was rendered by the court below against Hodge for the above debt, and four dollars and ninety-five cents damages, with costs, from which Hodge appealed to this court.”
A long story pulled to a short story, “Now, although the law is that judgment shall be entered against the security (Arch Hodge) as well as the principal (William Harris), yet it is plain that this provision being for the benefit of the plaintiff (Daniel Plott), he (Daniel Plott) may waive it, and may make his (Daniel Plott) election and take judgment against the principal (William Harris) only. This was done in this case, …” Daniel Plott only elected for a judgment against William Harris, not the bondsman and security-man Arch Hodge.
“Besides, if there had been a joint judgment (naming both William Harris and Arch Hodge) in the first instance, still the security (Arch Hodge) would not be bound to pay until it legally appeared that the principal (William Harris) was unable and could not pay, and nothing of this kind has been shown.”
Yes, William Harris was ordered to pay Daniel Plott what he owed to Daniel. That is all Daniel wanted the $68.12 and $1.12.
No, Arch Hodge did not owe Daniel Plott a debt, which Daniel Plott did not ask for. Arch Hodge owing Daniel Plott was a court mistake.
Daniel Plott acknowledged that he only wanted the debt due him from William Harris.
The confusion of Arch Hodges owing Daniel Plott was “Reversed.”, which Daniel Plott agreed and acknowledged. Daniel Plott only wanted William Harris to pay his debt to him. Daniel Plott did not have disagreement with Arch Hodge; however, Arch Hodge had to sue Daniel Plott to clear up the matter.