Hale v. Chamberlain
Supreme Court of Virginia
By a notice dated January 6th, 1854, Chamberlain & Bacon gave notice to Elias Hale that on the 10th of March they would move the Circuit court of Richmond for a judgment against him for six hundred and twenty-nine dollars and fifteen cents and costs, upon a bill of exchange, &c. This notice was served on Hale on the 7th of January, and was filed in the clerk’s office of the Circuit court on the 16th.
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By a notice dated January 6th, 1854, Chamberlain & Bacon gave notice to Elias Hale that on the 10th of March they would move the Circuit court of Richmond for a judgment against him for six hundred and twenty-nine dollars and fifteen cents and costs, upon a bill of exchange, &c. This notice was served on Hale on the 7th of January, and was filed in the clerk’s office of the Circuit court on the 16th. On the 23d of March the cause was taken up, -when the defendant moved the court to remove the same from the docket, on the ground that it was founded on a notice bearing date on a day subsequent…
1Opinion of the Court
Allen, P.
Prior to the Code of 1849, summary-remedies were given by various statutes for the re*659eovery of claims due to the commonwealth, and for many claims due to individuals by motion on ten days’ notice. The revisors seeing that these proceedings had worked well, proposed to extend the remedy by motion on notice to all cases in which a person was entitled to recover money by action on contract. The motive for such extension was to simplify and shorten pleadings and other proceedings. To obviate the objection that judgments for debts generally, should not be rendered so promptly, as in those…
2Cases cited1 opinion
- Green v. SkipwithSupreme Court of Virginia · 1823
3Cited by3 opinions
- Long v. Pence's CommitteeSupreme Court of Virginia · 1896
- Hanks v. LyonsSupreme Court of Virginia · 1895
- Superior v. PetersWest Virginia Supreme Court · 1923