Legal Opinion

Williamson v. Crawford

Supreme Court of Virginia

Decided October 15, 1850PublishedCited by 6 opinions

At the May term for 1837 of the Circuit court of Henrico county, James Crawford recovered a judgment, in an action of detinue against William Williamson, for two slaves, each valued at 700 dollars, and also for 100 dollars damages for detention of the slaves, and his *costs. No proceedings seem to have been taken upon this judgment until March 1843, when the plaintiff sued out a scire facias to revive it, returnable to the April rules.

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At the May term for 1837 of the Circuit court of Henrico county, James Crawford recovered a judgment, in an action of detinue against William Williamson, for two slaves, each valued at 700 dollars, and also for 100 dollars damages for detention of the slaves, and his *costs. No proceedings seem to have been taken upon this judgment until March 1843, when the plaintiff sued out a scire facias to revive it, returnable to the April rules. On this writ the sheriff returned that the defendant did not reside in his county, nor was found in his bailiwick; but as he was informed he was absent from…

1Opinion of the CourtBaldwin, J.

The practice of the English courts, in relation to writs of scire facias for the renewal of judgments, as *well as other matters of practice, came to us on the. settlement of the countr}', and has prevailed here, so far as adapted to the organization of our Courts, and compatible with our own legislation. By that practice, execution was awarded on the return of two nihils, and it was recognized by our act of 1792, (1 Rev. Code, ch. 128, § 65, p. SOS,) but was restricted by that act to cases, where the defendant resided in the county, or where he was absent from the Commonwealth, and had no…

2Cited by6 opinions

  1. Smith v. HutchinsonSupreme Court of Virginia · 1884
  2. McVeigh v. Bank of Old DominionSupreme Court of Virginia · 1882
  3. Bolanz v. CommonwealthSupreme Court of Virginia · 1873
  4. Paine v. TutwilerSupreme Court of Virginia · 1876
  5. Paine v. TutwilerSupreme Court of Virginia · 1876

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