Branch v. Burnley
Court of Appeals of Virginia
This was an appeal from a decree of the High Court of Chancery, upon the following ease. Burnley and Breckenridge employed Mr. Briggs, an attorney at law, to bring suit for them against Ozborne, the testator of Branch, in the County Court of Chesterfield. He obtained judgment for them in the year 1772, and in the year 1774, a replevy bond was given.
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This was an appeal from a decree of the High Court of Chancery, upon the following ease. Burnley and Breckenridge employed Mr. Briggs, an attorney at law, to bring suit for them against Ozborne, the testator of Branch, in the County Court of Chesterfield. He obtained judgment for them in the year 1772, and in the year 1774, a replevy bond was given. In 1778, Ozborne paid the money to Briggs; and after the war in the year 1787, the plaintiffs moved for judgment on the replevy bond, in the County Court of Chesterfield, against Branch, the executor, which was refused: Whereupon, the plaintiffs…
1Opinion of the Court
PENDLETON* President.
The Court has little doubt upon the merits; for, they think the payment to the attorney was good; but, the complainant seems to have mistaken his remedy, for the whole matter was stated on the record, so that he might have had relief by appeal or supersedeas. The question then is, whether the release of errors which was imposed upon him by the Chancellor, but which prevented him from resorting to a writ of supersedeas afterwards, has altered the case ? On this point, we wish to hear counsel.
*129The authority of an attorney at law to receive the money, expires at the end of…
2Cases cited3 opinions
- Brotton v. LangertWashington Supreme Court · 1890
- Kenyon v. SquireWashington Supreme Court · 1890
- Kinney's executors v. McClureSupreme Court of Virginia · 1823
3Cited by24 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Yoakum v. TildenWest Virginia Supreme Court · 1869
- Smith's Adm'r v. LambertsSupreme Court of Virginia · 1850
- Maxwell v. EasonSupreme Court of Alabama · 1828
- Hudson v. JohnsonCourt of Appeals of Virginia · 1791
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