Shenandoah V. R. R. v. Ashby's Trustees
Supreme Court of Virginia
Heard at Staunton. Decided at Wytheville. Error to judgment of circuit court of Warren county, rendered October 20, 1887, in a motion wherein Thomas H. Aslrby’s trustees were plaintiffs, and the Shenandoah Yalley railroad company was defendant, to permit an amendment of a return made September 5,1874, on a writ of summons served on a director of said company, in order to show that the service was in the county wherein the director resided.
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Heard at Staunton. Decided at Wytheville. Error to judgment of circuit court of Warren county, rendered October 20, 1887, in a motion wherein Thomas H. Aslrby’s trustees were plaintiffs, and the Shenandoah Yalley railroad company was defendant, to permit an amendment of a return made September 5,1874, on a writ of summons served on a director of said company, in order to show that the service was in the county wherein the director resided. The amendment was allowed, and the company brought the ease here on writ of error.
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
It- appears from the record, that on the 4th of September, 1874, Thomas R. Ashby instituted an action of debt in the said court, against the Slfenandoali Valley railroad company, for the sum of $5,231 90 and $11 90 costs, upon the transcript of a record of a judgment which he had previously recovered .against the said company in one of the courts of West Virginia. On the original summons sued out in the action, return was made by John T. Lovell, a deputy of L. Leach, sheriff of Warren county, as follows:
“Executed the within summons in debt on…
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