Lowenbach's Administrator v. Kelley
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Rockingham county on a motion to quash a writ of fieri facias. Judgment for the plaintiff in the motion. Defendant assigns error.
1Opinion of the CourtBuchanan, J.
This is a writ of error to a judgment of the Circuit Court of Rockingham county quashing a writ of fieri facias.
A judgment in favor of M. Lowenbach, agent for John Smith, against John E. Kelley, was rendered at the October term, 1882, of that court. In November of that year a fi. fa. was issued thereon and returned no property found. In April, 1902, a scire facias was sued out on the judgment and made returnable to the 10th day of October following. At the April term, 1903, of the court, the defendant not appearing, an order was entered providing that the plaintiff might have execution upon…
2Cases cited3 opinions
- Lavell v. McCurdy's Ex'orsSupreme Court of Virginia · 1883
- Slingluff v. CollinsSupreme Court of Virginia · 1909
- Stone v. SeaverSupreme Court of Vermont · 1833
3Cited by4 opinions
- Com. v. MorrisSupreme Court of Virginia · 2011
- Hagan v. Dungannon Lumber Co.Supreme Court of Virginia · 1926
- Barbuto v. Southern BankSupreme Court of Virginia · 1986
- Johnston v. PearsonCourt of Appeals of Virginia · 1917