Noel v. Sale
Court of Appeals of Virginia
Noel petitioned the County Court of Essex, for leave to build a mill. Writ of ad quod damnum granted, and inquisition taken. After which, the record proceeds thus, “On the motion of the said Sale, the said inquisition, for reasons appearing to the Court, is quashed; and it is further considered by the Court, that the said John Sale recover of the said Taylor Noel, his costs about his defence, in this behalf expended.
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Noel petitioned the County Court of Essex, for leave to build a mill. Writ of ad quod damnum granted, and inquisition taken. After which, the record proceeds thus, “On the motion of the said Sale, the said inquisition, for reasons appearing to the Court, is quashed; and it is further considered by the Court, that the said John Sale recover of the said Taylor Noel, his costs about his defence, in this behalf expended. Erom which determination of the Court, the said Taylor Noel prays an appeal to the next District Court to be held at King and Queen Court-house; the same is granted the said…
1Opinion of the Court
LYONS, Judge.
Delivered the resolution of the Court, that the judgment of the District Court should be affirmed. That Noel should either have moved for a second inquisition, or filed a bill of exceptions to the Court’s opinion, in order that it might have appeared upon what ground the Court proceeded.
ROANE, Judge. I suspect that the Courts below proceeded upon the ground, that the inquisition was taken by the deputy Sheriff; but that has been decided to be good by this Court. However, as there might have been matter dehors, as misconduct in the Sheriff, jurors, or party, and nothing is stated…
2Cited by7 opinions
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- Calhoun v. PalmerSupreme Court of Virginia · 1851
- Calhoun v. PalmerSupreme Court of Virginia · 1851
- Calhoun v. PalmerSupreme Court of Virginia · 1851
- Wingfield v. CrenshawSupreme Court of Virginia · 1808
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