Chesapeake & Ohio R. R. v. Paine & Co.
Supreme Court of Virginia
On tlie 28th May, 1872, Paine & Co. sued out from the clerk’s office of the circuit court of the city of Eichmond a summons, commanding the defendants therein named, viz: Trice & Hunter, to appear and answer a , ~ , ,, • .. plea ot trespass on the case m assumpsit.
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On tlie 28th May, 1872, Paine & Co. sued out from the clerk’s office of the circuit court of the city of Eichmond a summons, commanding the defendants therein named, viz: Trice & Hunter, to appear and answer a , ~ , ,, • .. plea ot trespass on the case m assumpsit. Ou the same day, upon affidavit that the defendant Trice was a non-resident of the state of Virginia, and that the affiant believed that the said defendant had estate or debts due him in the city of Richmond, an attachment was issued in said cause of Paine & Co. v Trice & Hunter, and was executed the same day by delivering to the…
1Opinion of the Court
Moncure, P.,
delivered the opinion of the court.
1. The courtis of opinion, that a person’s whole estate, real, personal and mixed, subject to such exemptions as are made by law, is liable for the payment of his debts, and may be subjected thereto by judgment and execution, and such ancillary proceedings at law or in equity as may be necessary or proper to enforce such execution.
"When the debtor is a non-resident of the state, but has estate within the commonwealth, such estate may be subjected by attachment to the payment of the debt.
Such attachment may be levied on the estate itself, if it be…
2Cases cited3 opinions
- Balt. & Ohio R. R. v. Gallahue's adm'rsSupreme Court of Virginia · 1855
- Foster v. PotterSupreme Court of Missouri · 1866
- Titcomb v. Union Marine & Fire InsuranceMassachusetts Supreme Judicial Court · 1811
3Cited by2 opinions
- Boitnott v. United Virginia Bank (In Re Boitnott)United States Bankruptcy Court, W.D. Virginia · 1980
- Holston International, Inc. v. CoulthardSupreme Court of Virginia · 1991