UNITED STATES SUPREME COURT DECISIONS ON-LINE

Under the act of assembly of Virginia, the defendant may enter special bail and defend the suit at any time before the entering up of judgment upon a writ of inquiry executed, and the appearance of the defendant or the entry of special bail before such judgment discharges the appearance bail.

If the defendant does not appear or give special bail, the appearance bail may defend the suit, and is liable to the same judgment as the defendant would have been liable to, but the defendant cannot appear and consent to a reference the report and judgment on which is to bind the appearance bail as well as himself. Such a joint judgment is erroneous, and will be reversed as to both. clubjuris

Page 19 U. S. 476