Roger's Adm'r v. Bertha Zinc Co.
Supreme Court of Virginia
Error to circuit court, Wythe county ; S. W. Williams, Judge. Action by Roger’s administrator against the Bertha Zinc Company. From an order declaring the summons void as an alias summons, plaintiff brings error.
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
On the 9 th December, 1889, the plaintiff in error sued out of the clerk’s office of the court below a summons in an action of trespass on the case against the Bertha Zinc Company, returnable to second January rules, 1890. The process went into the sheriff’s hands on the l?th of the same month, and was never executed. The officer, it seems, £ ‘took it back to the clerk’s office, and left it with the clerk, but *828made no return thereon and it was afterwards lost or mislaid. The second January rules, or third Monday in January, 1890, fell on the 20th…
2Cited by2 opinions
- Smiley v. Provident Life & Trust Co.Supreme Court of Virginia · 1907
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