Legal Opinion

Hughes v. Harvey

Supreme Court of Virginia

Decided January 20, 1881PublishedCited by 10 opinions

This was a suit in equity in the circuit court of Prince Edward county, brought in January, 1871, by 'William T. Harvey against Mary M. Hughes, to subject the estate of the said Mary M. Hughes to satisfy a judgment for $461.28, with interest and costs, which he had recovered against Moses T. Hughes and the said Mary M. Hughes.

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This was a suit in equity in the circuit court of Prince Edward county, brought in January, 1871, by 'William T. Harvey against Mary M. Hughes, to subject the estate of the said Mary M. Hughes to satisfy a judgment for $461.28, with interest and costs, which he had recovered against Moses T. Hughes and the said Mary M. Hughes. In his bill, after setting out the judgment which he says was rendered in 1866, he says that he caused an execution to be issued upon it in January, 1870, against the effects of Mary M. Hughes—Moses T. Hughes being a non-resident of the county—and whilst the said suit…

1Opinion of the CourtStaples, J.

Numerous errors are assigned in the petition for an appeal, some of which are founded upon alleged irregularities in the proceedings, others go to the merits of the case.

None of the objections to the proceedings are well taken, and most of them may be passed by without discussion. There is one, however, which requires a more special consideration. It is insisted that the court below erred in hearing the cause upon the report of a commissioner which had not been returned ten days preceding the term at which the decree was rendered. The case of Gray v. Dickinson’s Adm’rs, 4 Gratt. 87, relied…

2Cases cited3 opinions

  1. Floyd v. HardingSupreme Court of Virginia · 1877
  2. Borst v. NalleSupreme Court of Virginia · 1877
  3. Briscoe v. AshbySupreme Court of Virginia · 1874

3Cited by10 opinions

  1. Floyd v. HardingSupreme Court of Virginia · 1877
  2. Borst v. NalleSupreme Court of Virginia · 1877
  3. Mutual Life Insurance Co. of New York v. OliverSupreme Court of Virginia · 1897
  4. Mercantile Co-Operative Bank v. BrownSupreme Court of Virginia · 1899
  5. Claiborne v. ParrishCourt of Appeals of Virginia · 1795

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