Legal Opinion

Ogden v. Davidson

Supreme Court of Virginia

Decided December 10, 1885PublishedCited by 4 opinions

Appeal from decree of circuit court of Amherst county, rendered October 18, 1884, in chancery suit of Bennet M. Davidson, complainant, against Henry E. Smith and others, defendants.

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Appeal from decree of circuit court of Amherst county, rendered October 18, 1884, in chancery suit of Bennet M. Davidson, complainant, against Henry E. Smith and others, defendants. As appears from the record, the plaintiff, Davidson, in February, 1879, filed his bill against said Smith, who was his guardian, and six others, the sureties of said Smith as guardian, the object being to surcharge and falsify the ex parte settlements of the guardian, and to hold him and his sureties bound for money which came into his hands as guardian, and which he had not accounted for. In this suit, on the…

1Opinion of the CourtRichardson, J.

No doctrine is better settled than that every man is entitled to a day in court to defend his rights, and that a decree rendered against him, when he has had no opportunity for defence, is a nullity, and may be so pronounced by any court wherein it may be drawn into controversy.

Moseley v. Cocke, 7 Leigh, 224, was a suit in chancery instituted by the appellees as creditors of William Bentley, *760deceased, against Ms cMldren and certain purchasers claiming under them, for the purpose of setting aside as voluntary, fraudulent and void, certain conveyances of lands made by William Bentley in his…

2Cases cited3 opinions

  1. Clarkson v. ReadSupreme Court of Virginia · 1859
  2. Nulton v. IsaacsSupreme Court of Virginia · 1878
  3. Cronise v. CarperSupreme Court of Virginia · 1885

3Cited by4 opinions

  1. Huntington v. CrouterOregon Supreme Court · 1898
  2. Evans v. SpurginSupreme Court of Virginia · 1854
  3. Hall v. HollowaySupreme Court of Oklahoma · 1916
  4. MOUNTAIN MISSION SCHOOL, INCORPORATED v. WhiteSupreme Court of Virginia · 1963

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