Park Land & Improvement Co. v. Lane
Supreme Court of Virginia
Error to a judgment of the Corporation Court of the city of Roanoke, on a motion to reverse and annul a decree by default. Judgment for the plaintiff in the motion. Defendant assigns error.
1Opinion of the CourtBuchanan, J.
The first error assigned is to the refusal of the court to permit the return upon the original summons against the appellee to be amended upon the appellant’s motion.
When the summons was returned and filed the return on it became a matter of record and could not be amended without permission of the court. Goolsby v. St. John, 25 Gratt. 146, 160, 4 Minor 937; Stotz v. Collins, &c., Co., 83 Va. 423, 2 S. E. 737; Freeman on Executions, sec. 358. This permission is usually granted upon proper application made in the cause in which the writ or summons, issued. But it is not granted as a matter of…
2Cases cited8 opinions
- Earle v. McVeighSupreme Court of the United States · 1876
- Staunton Perpetual Building & Loan Co. v. HadenSupreme Court of Virginia · 1895
- Shenandoah V. R. R. v. Ashby's TrusteesSupreme Court of Virginia · 1889
- Goolsby v. St. JohnSupreme Court of Virginia · 1874
- Tompkins v. WiltbergerIllinois Supreme Court · 1870
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3Cited by9 opinions
- Beane v. DaileyWest Virginia Supreme Court · 2010
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- Bryant v. Shute's Exor.Court of Appeals of Kentucky · 1912
- Coster v. JensenSupreme Court of Iowa · 1934
- Williams & Davisson Co. v. BaileyWest Virginia Supreme Court · 1911
4 more not listed; retrieve them via the Exa API.