Flemings v. Riddick's ex'or
Supreme Court of Virginia
In a suit then pending in the late Circuit Court of Law and Chancery for the county of Henrico and City of Richmond, in which Josiah Riddick was plaintiff, and John 8. Fleming, as the executor of Martha H. Syme, and in his own right, George Fleming, administrator of George Fleming deceased, and others, were defendants, that Court, on the 27th of June 1837, made a decree, by which, among other things, John S. Fleming, he having admitted assets of his testatrix, was decreed to…
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In a suit then pending in the late Circuit Court of Law and Chancery for the county of Henrico and City of Richmond, in which Josiah Riddick was plaintiff, and John 8. Fleming, as the executor of Martha H. Syme, and in his own right, George Fleming, administrator of George Fleming deceased, and others, were defendants, that Court, on the 27th of June 1837, made a decree, by which, among other things, John S. Fleming, he having admitted assets of his testatrix, was decreed to pay to the plaintiff the sum of 209 dollars 96 cents, with legal interest on 89 dollars 16 cents, part thereof, from…
1Opinion of the CourtBaldwin, J.
A judgment or decree when reversed is a mere nullity, and the party aggrieved has a right to be restored to what he has lost by reason of such erroneous decision. He is consequently entitled to such appropriate remedies as the law gives to one whose money or property is withheld by another, against his better right. But the Court whose judgment or decree is reversed and annulled, having by its own act occasioned the wrong, possesses an inherent and summary jurisdic*281tion to afford the redress, without reference to the pecu- ,. liar nature of the controversy which it had erroneously determined.…
2Cited by8 opinions
- Dodson v. ButlerSupreme Court of Arkansas · 1912
- Jones v. BradshawSupreme Court of Virginia · 1863
- Keck v. AllenderWest Virginia Supreme Court · 1896
- Simmons v. SimmonsWest Virginia Supreme Court · 1922
- Bridier v. BurnsSupreme Court of Florida · 1941
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