Fadeley's Administrator v. Williams' Administrator
Supreme Court of Virginia
Error to judgment of the Circuit Court of Shenandoah county rendered January 15, 1898, on a scire facias, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The original judgment in this cause was recovered in the name of “Mark Bird, use of P. Williams.” Both Bird and Williams had died before this scire facias was sued out, and the scire facias was sued out in the name of Bird’s executor for the use of Williams’ administrators.
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Error to judgment of the Circuit Court of Shenandoah county rendered January 15, 1898, on a scire facias, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The original judgment in this cause was recovered in the name of “Mark Bird, use of P. Williams.” Both Bird and Williams had died before this scire facias was sued out, and the scire facias was sued out in the name of Bird’s executor for the use of Williams’ administrators. Counsel for the defendant in error insisted that there should be excluded, in computing the time within which the scire…
1Opinion of the CourtBuchanan, J.
This is a proceeding to revive a judgment by scire facias. The defence relied on is the statute of limitation. The period which elapsed between the return day of the execution (on which there was a return by the sheriff showing that it had not been satisfied) and the suing out of the scire facias was twenty-nine years, ten months, and thirteen days. From this is to be deducted the time during which the statute of limitations did not run, as is provided in sec. 2919 of the Code, as amended by act of Assembly approved February 29, 1888 (Acts 1887-’8, pp. 345-6). But in ascertaining that time,…
2Cases cited1 opinion
- Hayes & Wife v. Va. Mutual Protection Ass'nSupreme Court of Virginia · 1882
3Cited by10 opinions
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- Fidelity & Casualty Co. v. LacklandSupreme Court of Virginia · 1940
- Virginia Electric & Power Co. v. MitchellSupreme Court of Virginia · 1932
- Consumers Ice Co. v. JenningsSupreme Court of Virginia · 1902
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