Penn v. Whiteheads
Supreme Court of Virginia
In January 1853 James S. Penn filed his bill in the Circuit court of Nelson county, in which he alleged that Floyd Iy. Whitehead was indebted to him in the sums of eight hundred and twelve dollars and fifty cents, and one thousand nine hundred and. eighty-four dollars and sixty-three cents, with interest from the 1st of January- 1842, which he had recovered against the said Whitehead by a decree of the Circuit court of Nelson made in October 1842, upon which execution had…
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In January 1853 James S. Penn filed his bill in the Circuit court of Nelson county, in which he alleged that Floyd Iy. Whitehead was indebted to him in the sums of eight hundred and twelve dollars and fifty cents, and one thousand nine hundred and. eighty-four dollars and sixty-three cents, with interest from the 1st of January- 1842, which he had recovered against the said Whitehead by a decree of the Circuit court of Nelson made in October 1842, upon which execution had been issued and returned “no effects '^unencumbered. ” That Whitehead had conveyed away all his property except money to…
1Opinion of the CourtMoktctjrr, J.
The order appealed from in this case was made on a motion founded on the provision in the Code, ch. 179, § 12, p. 678, which declares that “the judge of a Circuit court in which a case is pending, wherein an injunction is awarded, may, in vacation, dissolve such injunction, after reasonable notice to .the adverse party. ’ ’ In deciding on this motion, it was only necessary for the judge to determine whether or not (looking to the case as it then stood) it ap *513peared that the appellee Ployd R. Whitehead had any interest in the subject in controversy, which could be made liable to the claims of…
2Cases cited1 opinion
- Quarles v. LacySupreme Court of Virginia · 1814
3Cited by3 opinions
- Alsop v. Catlett & JenkinsSupreme Court of Virginia · 1899
- Baltimore & Ohio R. R. v. City of WheelingSupreme Court of Virginia · 1855
- Atkinson v. SolenbergerSupreme Court of Virginia · 1910