Taylor's Administratrix v. Peyton's Administratrix , 1 Va. 252 ( 1794 )

Lyons J.

We will not now determine how the case would have been if the defendant had insisted upon oyer of the original bond : because it is clear, that she has waved the necessity of its being produced, by accepting oyer of a copy, and pleading to the action.

The case is completely within the reason of the modern practice, stated in the case of Read v. Brookman, and the notes subjoined.

Judgment affirmed.⁽¹⁾

(1) Waller's Ex. v. Ellis, 2 Munf. 88.