Harrison v. Middleton
Supreme Court of Virginia
This was a writ of unlawful detainer brought in the county of Jackson, by Henry O. Middleton against Josiah Harrison, to recover possession of a tract of seven thousand nine hundred and twenty-three acres of land.
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This was a writ of unlawful detainer brought in the county of Jackson, by Henry O. Middleton against Josiah Harrison, to recover possession of a tract of seven thousand nine hundred and twenty-three acres of land. The case was docketed in the County court of Jackson in June 1847, and was continued on the docket of that court without a trial until August 1848, when the court being about to adjourn, on the motion of the plaintiff, it was ordered that the case be removed to the Circuit court of Jackson county. And in September of the same year, the. plaintiff produced in that court the original…
1Opinion of the CourtMoncure, J.
I am of opinion that the Circuit court did not err in overruling the motion of the defendant to strike this case from the docket. I think the case was properly removed from the County court to the Circuit court, under the fourth section of the act of March 28, 1843; Sess. Acts, p. 18; which declares “that whenever any civil action in a court of law shall have been, or shall hereafter be, pending in a county or corporation court for the space of one 3Tear, without a final decision thereof having been made, it shall be lawful for any party in any such civil action, or his or her legal…
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