Legal Opinion

Hamlin's Administrator v. Atkinson

Supreme Court of Virginia

Decided November 17, 1828PublishedCited by 17 opinions

On the 28th July, 1823, Thomas Atkinson survivor of Peterson G.oodwyn and four others, Justices of Dinvviddie County, for the benefit, and at the costs of Mary W, Lanier, sued out of the Superior Court of Law for the Town of Petersburg, a Writ of Capias ad Respondendum against William Wills and John Hamlin-, on a Guardian’s Bond executed by the former as principal, and the latter as surety. The Writ was executed on Wills, and returned “Not found,” as to the other Defendant.

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On the 28th July, 1823, Thomas Atkinson survivor of Peterson G.oodwyn and four others, Justices of Dinvviddie County, for the benefit, and at the costs of Mary W, Lanier, sued out of the Superior Court of Law for the Town of Petersburg, a Writ of Capias ad Respondendum against William Wills and John Hamlin-, on a Guardian’s Bond executed by the former as principal, and the latter as surety. The Writ was executed on Wills, and returned “Not found,” as to the other Defendant. An Alias was, in the following September, issued against Hamlin, returnable to the November Rules, and returned…

1Opinion of the Court

The President

delivered his opinion.

The Record exhibits a case, in which it appears that there were several in the all of which I think are cured, no advantage having been taken of them in the pleadings. The suit was instituted by Thomas Atkinson, as surviving Justice of Dinwiddie County, at the relation of Mary TV. Lanier, against her Guardian, William Wills, and his surety, John Hamlin, on the Guardian’s Bond, taken to the Justices of Dinwiddie County, in the usual form. The Writ was returned'executed on Wills, and Hamlin not found. At the subsequent Rules, an Alias was sued out against…

2Cited by17 opinions

  1. Barnum v. Frost's Adm'rSupreme Court of Virginia · 1867
  2. Chicago Art Co. v. ThackerWest Virginia Supreme Court · 1909
  3. Bowles' Ex'or v. Elmore's Adm'xSupreme Court of Virginia · 1851
  4. Marquis Durrell Jennings v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2015
  5. Barnum v. Frost's Adm'rSupreme Court of Virginia · 1867

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