Alvis v. Johnson
Supreme Court of Virginia
This was an action of debt brought by Robert Alvis, assignee of Virginia Cunningham, against Philip T. Johnson, in the county court of Chesterfield, in the year 1872. The case came regularly on the docket of the county court, and after some proceedings, was removed to the circuit court.
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This was an action of debt brought by Robert Alvis, assignee of Virginia Cunningham, against Philip T. Johnson, in the county court of Chesterfield, in the year 1872. The case came regularly on the docket of the county court, and after some proceedings, was removed to the circuit court. The proceedings in the circuit court, to the rendition of the judgment October 23d, 1874, to which the supersedeas was granted by a judge of this court, are fully set forth in the opinion of the court.
1Opinion of the CourtAnderson, J.
The court is of opinion that the circuit court erred in dismissing the plaintiff’s suit. It seems that at the May term, 1874, the plaintiff had leave to amend his declaration, and the cause was remanded to the rules for that purpose, and ought to have been regularly proceeded in there, by filing the amended declaration, and by regular proceedings at rules to an issue or office judgment. Couch v. Fretwell’s adm’r, 10 Leigh, 605. The plaintiff should have filed his amended declaration at the June rules. Failing to do so, there should have been a rule against him to declare. But as no rule…
2Cited by2 opinions
- Norfolk & Western Railway Co. v. SutherlandSupreme Court of Virginia · 1906
- Wickham & Northrop v. GreenSupreme Court of Virginia · 1910