Burke v. Levy's executors
Supreme Court of Virginia
This was an appeal from the superior court of law for Richmond county. The appellee made a motion against the appellant and his surety on a forthcoming bond, which recited the execution with the legal costs attending the same, as amounting to 2.041. 11s. 2d.; but the execution itself is not made part of the record by bill of exceptions, nor does it appear that any objection was made in the court below to any excess in the judgment beyond the amount due by the execution.
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This was an appeal from the superior court of law for Richmond county. The appellee made a motion against the appellant and his surety on a forthcoming bond, which recited the execution with the legal costs attending the same, as amounting to 2.041. 11s. 2d.; but the execution itself is not made part of the record by bill of exceptions, nor does it appear that any objection was made in the court below to any excess in the judgment beyond the amount due by the execution. The defendants in the motion put in a plea of non est factivm and concluded, to the country; which plea was duly sworn to.…
1Opinion of the Court
November 26
Judge Roane,
delivered the opinion of the court:
The court is of opinion, that as the jurisdiction in this case was given to the Superior Court, to proceed by motion in a summary way, although that court might have called in a jury to decide the points submitted by the plea, it was not compellable to do so, under the distinction taken by the court in the case of Watson vs. Alexander.(a)
The court is also of opinion, that although there may still exist an excess in the judgment of the Superior Court beyond the sum due by the execution, yet that execution not having been made a part of…
2Cited by9 opinions
- W. S. Forbes & Co. v. Southern Cotton Oil Co.Supreme Court of Virginia · 1921
- Central Land Co. of West Virginia v. CalhounWest Virginia Supreme Court · 1880
- Adler v. GreenWest Virginia Supreme Court · 1881
- Wallace v. McCartyWest Virginia Supreme Court · 1875
- Ayres v. LewellinSupreme Court of Virginia · 1832
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