Walker v. Commonwealth
Supreme Court of Virginia
These were motions in vacation before the Judge of the Circuit Court of the city of Richmond to quash three alias writs of fieri facias which issued from the clerk’s office of that court in favor of the Commonwealth of Virginia; two of them against C. W. Watkins, sergeant of the town of Dan-ville, and James M. Walker, W. W. Keen and Edward D. Withers, as his sureties, and the other against the said Watkins and William P. Graves, W. W. Keen and J. J. Hankins, as his sureties.
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These were motions in vacation before the Judge of the Circuit Court of the city of Richmond to quash three alias writs of fieri facias which issued from the clerk’s office of that court in favor of the Commonwealth of Virginia; two of them against C. W. Watkins, sergeant of the town of Dan-ville, and James M. Walker, W. W. Keen and Edward D. Withers, as his sureties, and the other against the said Watkins and William P. Graves, W. W. Keen and J. J. Hankins, as his sureties. The motions were, by consent, heard together as one motion. It appears that, on the 16th of December, 1866, the…
1Opinion of the Court
MONCCTRF, P.
This case has been argued with signal ability by the counsel on both sides. All the points discussed are interesting, but many of them are immaterial to the decision of the case, in my view of it, and will not, therefore, be considered. Without intending to decide, I will assume, *534for the purposes of the case, that the first executions which issued on the judgments referred to in the proceedings were, in fact, levied, as stated in the returns on said executions; that the auditor had authority by law to control the said executions, and ' to stay proceedings *thereon, even after they…
2Cases cited2 opinions
- Baird v. RiceCourt of Appeals of Virginia · 1797
- Governor v. VanmeterSupreme Court of Virginia · 1837
3Cited by17 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- North Western Bank of Virginia v. HaysWest Virginia Supreme Court · 1892
- Hopkins v. Baltimore & O. R.West Virginia Supreme Court · 1896
- Rhea v. PrestonSupreme Court of Virginia · 1881
- Shannon v. McMullinSupreme Court of Virginia · 1874
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