Dorr's Adm'r v. Rohr
Supreme Court of Virginia
Appeal from decree of circuit court of Washington county, rendered at its May term, 1883, in proceedings had in an attachment in equity under Code 1873, chapter 148, section 11, instituted by Philip Rohr against A. H. Dorr, a non-resident of this State, and Robert Gibboney, trustee of Thomas L. Preston, as garnishee, holding funds belonging to said Dorr; and on an injunction awarded on the prayer of said Gibboney’s executrix in her cross-bill, which, after his death, she…
Read the full summary
Appeal from decree of circuit court of Washington county, rendered at its May term, 1883, in proceedings had in an attachment in equity under Code 1873, chapter 148, section 11, instituted by Philip Rohr against A. H. Dorr, a non-resident of this State, and Robert Gibboney, trustee of Thomas L. Preston, as garnishee, holding funds belonging to said Dorr; and on an injunction awarded on the prayer of said Gibboney’s executrix in her cross-bill, which, after his death, she filed in the circuit court. In July, 1861, an order of publication was executed against the non-resident defendant, who…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
Among the errors assigned is the action of the circuit court in overruling the plea of the statute of limitations filed by the appellant as the administrator of the defendant, Dorr; and we are of opinion that the assignment is well taken.
In computing the time for the running of the statute, the suit must be deemed to have been commenced as against Dorr when he was brought in by the amended bill in December, 1879. At that time the claims asserted in the bill were clearly barred, if they were ever valid. The suit was not founded on the sealed…
2Cases cited20 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Windsor v. McVeighSupreme Court of the United States · 1876
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Galpin v. PageSupreme Court of the United States · 1874
- St. Clair v. CoxSupreme Court of the United States · 1882
15 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Mendenhall v. Douglas L. Cooper, Inc.Supreme Court of Virginia · 1990
- Roberts v. Hickory Camp Coal & Coke Co.West Virginia Supreme Court · 1905
- D'Autremont v. Anderson Iron Co.Supreme Court of Minnesota · 1908
- Shenandoah V. R. R. v. Ashby's TrusteesSupreme Court of Virginia · 1889
- Moore v. SmithSupreme Court of Virginia · 1941
19 more not listed; retrieve them via the Exa API.