M'Kenny's ex'ors. v. Waller
Supreme Court of Virginia
M’Kenny’s executors having obtained judgment and award of execution, in the county court of Spottsylvania, on three several forfeited forthcoming bonds, against Joseph Waller the principal, and Curtis Waller the surety, therein bound, sued out thereupon three writs of fieri facias, dated in April 1822, and returnable to the June term following. These executions were put into the hands of the sheriff of the county.
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M’Kenny’s executors having obtained judgment and award of execution, in the county court of Spottsylvania, on three several forfeited forthcoming bonds, against Joseph Waller the principal, and Curtis Waller the surety, therein bound, sued out thereupon three writs of fieri facias, dated in April 1822, and returnable to the June term following. These executions were put into the hands of the sheriff of the county. Joseph Waller, the principal, had, at the time, personal property in his possession, amply sufficient to satisfy the whole amount of debt. And the sheriff went to his house, three…
1Opinion of the CourtCoalter, J.
delivered the resolution of the court, that, according to the principles of the cases decided by this court on this subject, there was no ground whatever on which the decree could be supported.
The decree was reversed, the injunction dissolved, and the bill dismissed.
2Cited by13 opinions
- Creath's Administrator v. SimsSupreme Court of the United States · 1847
- Ambler v. LeachWest Virginia Supreme Court · 1879
- Rowe's Adm'r v. Habdy's Adm'rSupreme Court of Virginia · 1899
- Boardman v. LarrabeeSupreme Court of Connecticut · 1883
- Knight v. CharterWest Virginia Supreme Court · 1883
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