Legal Opinion

Anderson v. Johnson

Supreme Court of Virginia

Decided November 15, 1879PublishedCited by 6 opinions

This case was argued at Staunton, but was decided at Richmond. This is an appeal from three decrees of the circuit court of Clarke county, made at the terms of said court in February, 1877, and May, 1S77 and 1878. and made in a cause in which the appellee, John 13. Johnson, was plaintiff, and the appellant, Thomas H. Anderson, was defendant.

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This case was argued at Staunton, but was decided at Richmond. This is an appeal from three decrees of the circuit court of Clarke county, made at the terms of said court in February, 1877, and May, 1S77 and 1878. and made in a cause in which the appellee, John 13. Johnson, was plaintiff, and the appellant, Thomas H. Anderson, was defendant. The cause was an attachment suit in chancery brought in the said court to recover a debt claimed to be due by a promissory note of the defendant, dated July 1, 1866, for the sum of eight hundred dollars, payable two years after date to the order of the…

1Opinion of the Court

MONCURE, P.,

delivered the opinion of the court. After stating the case, he proceeded:

There are five assignments of error in the decrees appealed from in this case made in the petition for appeal, which will be examined and disposed of, so far as it may be deemed necessary or proper to do so, in the order in which they are made.

1. The first assignment of error is, the affidavit on which the attachment is based was defective.

The Code, ch. 148, § 1, page 1009, requires that the affidavit to be made for the purpose of obtaining an attachment on the institution of an action at law, shall, among…

2Cited by6 opinions

  1. Bowlby v. De WitWest Virginia Supreme Court · 1899
  2. Johnson v. AndersonSupreme Court of Virginia · 1882
  3. Sims v. TyrerSupreme Court of Virginia · 1897
  4. Lancaster v. WilsonSupreme Court of Virginia · 1876
  5. Lancaster v. WilsonSupreme Court of Virginia · 1876

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