Graham & Scott v. Graham & Lane
Supreme Court of Virginia
A writ of capias ad respondendum was sued out of the clerk’s office of the Haymarket District Court, in the name of Robert Graham against Alexander Scott, endorsed, “ on an injunction bond as security for Catesby Graham which writ being returned, executed, a declaration was filed in behalf of Robert Graham and George Lane against Catesby Graham and Alexander Scott, in the usual form on a bond for nine hundred dollars ; saying nothing of any condition i,hereto.
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A writ of capias ad respondendum was sued out of the clerk’s office of the Haymarket District Court, in the name of Robert Graham against Alexander Scott, endorsed, “ on an injunction bond as security for Catesby Graham which writ being returned, executed, a declaration was filed in behalf of Robert Graham and George Lane against Catesby Graham and Alexander Scott, in the usual form on a bond for nine hundred dollars ; saying nothing of any condition i,hereto. The “defendant,” by “ his” attorney, [without fraying Oyer,) pleaded “ conditions performed.” A replication was filed in the following…
1Opinion of the Court
Judge Roane
pronounced the opinion of the court, consisting of judges Fleming, Roane, Cabell and Coalteb, that the said judgment is, erroneous as to the appellant Catesby Graham, it being rendered against him without any writ having been issued against, or served upon him, and without his having pleaded to the declaration ; and that the judgment as to the.appellant Scott, upon his demurrer to the replication, is also erroneous, in this, that it does not appear that that replication relates to the bond in the declaration mentioned, as it purports to relate to a suit by 'Robert Graham only;…
2Cited by8 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Mitchell's Adm'r v. Thompson's Adm'rCourt of Appeals of Virginia · 1857
- Bowles' ex'or v. Elmore's adm'xSupreme Court of Virginia · 1851
- Bowles' ex'or v. Elmore's adm'xSupreme Court of Virginia · 1851
- Bowles' ex'or v. Elmore's adm'xSupreme Court of Virginia · 1851
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