Leas & McVitty v. Merriman
U.S. Circuit Court for the District of Western Virginia
At Daw. On motion to dismiss.
1Opinion of the Court
McDOWELL, District Judge.
By section 3211 of the Code of Virginia of 1887, it is provided that any person entitled to recover money by action on any contract may, on motion, obtain judgment after 15 days’ notice to the defendant. The method of giving the notice under this statute is not prescribed, and it has always been the practice for the plaintiff’s counsel (and sometimes for the plaintiff himself) t© draft and sign a rather informal document whereby the defendant is apprised that the plaintiff will, on a specified day, move the designated court for judgment, and then follows a statement…
2Cases cited8 opinions
- Shepard v. AdamsSupreme Court of the United States · 1898
- Whitney v. BlackburnOregon Supreme Court · 1889
- Peaslee v. HaberstroU.S. Circuit Court for the District of Northern New York · 1879
- Insurance Co. v. HallockSupreme Court of the United States · 1868
- Dwight v. MerrittU.S. Circuit Court for the District of Southern New York · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Townsend v. United StatesCourt of Appeals for the D.C. Circuit · 1938
- Chisholm v. GilmerSupreme Court of the United States · 1936
- In re SimonCourt of Appeals for the Second Circuit · 1924
- In re the Estate of SmithNew York Surrogate's Court · 1940
- In re Condemnation Suits by United StatesDistrict Court, E.D. Tennessee · 1916
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