Day v. Pickett
Supreme Court of Virginia
Qn tjje 3d day of November, 1801, Charles Yates sued « out of the Clerk’s Office" of Fauquier County Court, a scire facias . . , . , . . revive a judgment m his favour against William Pickett, bearing date the 25th of March, 1788. The scire facias being returned executed, the revival of the judgment was entered at Rules, but set aside at the Quarterly Court, in March, 1802, upon the defendants’appearing and pleading nul tiel record.
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Qn tjje 3d day of November, 1801, Charles Yates sued « out of the Clerk’s Office" of Fauquier County Court, a scire facias . . , . , . . revive a judgment m his favour against William Pickett, bearing date the 25th of March, 1788. The scire facias being returned executed, the revival of the judgment was entered at Rules, but set aside at the Quarterly Court, in March, 1802, upon the defendants’appearing and pleading nul tiel record. In November, 1803, the defendant, by leave of the Court, pleaded also payment, and a special plea, “ that the judgment recited in the said scire facias was…
1Opinion of the Court
Judge Roane
pronoqncedjthe court’s opinion.
“ The court (not deciding, at this time, whether, after an appeal has been duly granted and perfected according to law, it is competent to the party obtaining the same to carry his case to the Appellate Court by way of supersedeas also, oris confined to his appeal,) is of opinion that the appeal granted from the judgment of the County Court in this case was not so perfected; bond with surety not having been entered in*109to during the term in which the same was prayed. It was not, therefore, erroneous in the Superior Court to act upon the supersedeas…
2Cases cited1 opinion
- Gaskins v. CommonwealthCourt of Appeals of Virginia · 1797