Eppes's Administrators v. Smith
Supreme Court of Virginia
UPON a Writ of supersedeas to a judgment of the Supenor Court of Nottoway County. administrator of Dicey Bagley, brought his act*on debt against Peter B. Jones and John Efifies, administrators of Freeman Efifies, deceased ; stating in his declaration,' that a judgment (which :was described) had been rencfered, by the County Court of Nottoway, in his favour, . 3 against the said Freeman Efifies, administrator de bonis non of to be levied of the goods and chattels of the said…
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UPON a Writ of supersedeas to a judgment of the Supenor Court of Nottoway County. administrator of Dicey Bagley, brought his act*on debt against Peter B. Jones and John Efifies, administrators of Freeman Efifies, deceased ; stating in his declaration,' that a judgment (which :was described) had been rencfered, by the County Court of Nottoway, in his favour, . 3 against the said Freeman Efifies, administrator de bonis non of to be levied of the goods and chattels of the said Anderson in the hands of the said Free- . man if so much thereof be had, to.be administered* if not, then the costs to…
1Opinion of the Court
Judge Roane
delivered the court’s opinion, “ that the said judgment is erroneous in this; that the first two pleas conclude to the country, which might have been cured by the verdict, but that is also erroneous in so much thereof as decides on the first plea of no such record,” which, if properly pleaded, ought to have been decided by the court; also in not finding, on the plea of “wo assets,” the quantum of assets which came to the hands of the intestate of the plaintiffs ; and further, in not finding what *468assets of Henry Anderson, or of Freeman Eppes came to the hands of the plaintiffs in…
2Cited by3 opinions
- Stewart v. TreasurerOhio Supreme Court · 1829
- Booth's executors v. ArmstrongCourt of Appeals of Virginia · 1796
- Davis' Adm'rs v. MeadSupreme Court of Virginia · 1856