River v. Littlejohn
Supreme Court of Virginia
On the 14th of August, 1839, John Bittle-john sued out a subpoena in chancery from the clerk’s office of the Circuit Superior Court of Daw and Chancery for the county of Henrico and city of Richmond, against J. C. Robinett, William W. Ferguson and the James River and Kanawha Company, returnable to the first Monday in October; which was returned as served on the Company; and that Robinett and Ferguson were not found, and were no inhabitants.
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On the 14th of August, 1839, John Bittle-john sued out a subpoena in chancery from the clerk’s office of the Circuit Superior Court of Daw and Chancery for the county of Henrico and city of Richmond, against J. C. Robinett, William W. Ferguson and the James River and Kanawha Company, returnable to the first Monday in October; which was returned as served on the Company; and that Robinett and Ferguson were not found, and were no inhabitants. At the October rules, Iyittlejohn filed his bill, in which he alleged, that on the 8th ■day of February, 1839, J. C. Robinett was indebted to him in the…
1Opinion of the CourtJoynes, J.
I shall first dispose of the case of Littlejohn v. Ferguson & als.
There is nothing in the objection that the Circuit Court could not entertain Ferguson’s petition for re-hearing, while the appeal of the James River and Kanawha Company was depending. The statute (Code ch. 170, § 13) which authorizes an absent defendant who has not appeared, &c., to petition to have the case re-heard, makes no exception of cases in which an appeal has been taken. It is *true the appeal was really prosecuted for Ferguson’s benefit. But on the appeal advantage could be taken only of errors in the record as it…
2Cases cited5 opinions
- Clark v. LongCourt of Appeals of Virginia · 1826
- Leas' Ex'or v. EidsonSupreme Court of Virginia · 1852
- Somerville v. WimbishSupreme Court of Virginia · 1850
- Ushers' heirs v. PrideSupreme Court of Virginia · 1858
- Crawford's ex'or v. PattersonSupreme Court of Virginia · 1854
3Cited by15 opinions
- Newman v. MollohanWest Virginia Supreme Court · 1877
- Beard v. ArbuckleWest Virginia Supreme Court · 1881
- Tatum v. BallardSupreme Court of Virginia · 1897
- Cralle v. CralleSupreme Court of Virginia · 1886
- Scott v. LudingtonWest Virginia Supreme Court · 1878
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