Burwell v. Burgess
Supreme Court of Virginia
This was an action of assumpsit in the circuit court of the city of Richmond, brought by Blair Burwell against Rash Burgess, collector of the third internal revenue district of Virginia, to recover from him the amount he had been required by said Burgess to pay on certain tobacco shipped by Burwell to a foreign port. The case is fully stated by Judge Anderson in his opinion.
1Opinion of the CourtAnderson, J.
This was an action of assumpsit by the plaintiff in error, who was plaintiff below, against Rush Burgess, collector of internal revenue, in which there was judgment by default for the amount of his account, with interest, as claimed by the plaintiff. The judgment was not upon a writ of inquiry, but for the amount of the account without proof, under § 44 of chap. 167 of the Code of 1873, which dispenses with such inquiry, “ provided the plaintiff shall serve the defendant, at the same time and in the same manner that the process or summons to commence the suit or action is served, with a copy…
2Cases cited1 opinion
- Pace v. BurgessSupreme Court of the United States · 1876
3Cited by3 opinions
- Turpin v. BurgessSupreme Court of the United States · 1886
- Johnson v. FrySupreme Court of Virginia · 1892
- Kennaird v. JonesSupreme Court of Virginia · 1852