Puryear v. Taylor
Supreme Court of Virginia
On the 25th of October 1851, William N. M. Taylor instituted an action of debt in the Circuit court of Mecklenburg, county against Richard H. Daly for four hundred and two dollars and four cents, with legal interest thereon from the 27th of March 1849. The summons was made returnable to the November rules; and was returned “ no inhabitant.”
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On the 25th of October 1851, William N. M. Taylor instituted an action of debt in the Circuit court of Mecklenburg, county against Richard H. Daly for four hundred and two dollars and four cents, with legal interest thereon from the 27th of March 1849. The summons was made returnable to the November rules; and was returned “ no inhabitant.” On the same day, an affidavit having been made as prescribed by the statute, Code, ch. 151, § 1, p. 600, an attachment was issued to attach the effects of the defendant to the amount of the debt; and it was served on J. J. Daly on the 27th of the same…
1Opinion of the CourtSamuels, J.
The statutes of Virginia in force prior to the 1st of July 1850, afforded to a judgment creditor the means of obtaining satisfaction of his claim out of the estate, real, personal or mixed, of the judgment debtor. On and after the day named, when the Code of Virginia went into operation, whilst the creditor retained his right to satisfaction, the process by which he was to attain it was greatly changed by the Code. It is only necessary in this case to advert to the rights and remedies of the creditor in regard to debts due from other persons to the judgment debtor, inasmuch as the subject in…
2Cited by16 opinions
- Hicks v. Roanoke Brick Co.Supreme Court of Virginia · 1897
- Evans v. GreenhowSupreme Court of Virginia · 1859
- Frayser's Adm'r v. R. & A. R. R.Supreme Court of Virginia · 1886
- Baltimore & Ohio Railroad v. WilsonWest Virginia Supreme Court · 1868
- Evans v. GreenhowSupreme Court of Virginia · 1859
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