Ayres v. Lewellin
Supreme Court of Virginia
Ayres recovered five several judgements against Bewellin, in the county court of Bedford. The record sent from the county court consisted, in the first place, of transcripts of the five judgements: the entry of the first of which was in the following words—“ J. Ayres, plaintiff, against G. Bewellin, defendant,—Upon a motion for money paid as surety—This day came the parties by their attorneys ; and, on hearing, it is considered by the court, that the plaintiff recover…
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Ayres recovered five several judgements against Bewellin, in the county court of Bedford. The record sent from the county court consisted, in the first place, of transcripts of the five judgements: the entry of the first of which was in the following words—“ J. Ayres, plaintiff, against G. Bewellin, defendant,—Upon a motion for money paid as surety—This day came the parties by their attorneys ; and, on hearing, it is considered by the court, that the plaintiff recover against the defendant, the sum of .100 dollars, with interest from the 13th April 1817 till paid, also 8 dollars 33 cents, and…
1Opinion of the Court
Tucker, P.
In this case, I am of opinion, that according to general principles and the spirit of our decisions, the notice is no part of the record. “ The parties came by their attorneysthe defendant appeared, and having made no objection to the proceeding for want of notice, and having filed no bill of exceptions, we must take it, that there was a due notice proved in each of these several motions. The acts of the court must be presumed to have been right, unless the party has placed upon the record the evidence of its errors. There are several cases that bear on the point: Glascock’s adm’rx…
2Cases cited2 opinions
- Beale v. WilsonSupreme Court of Virginia · 1815
- Burke v. Levy's executorsSupreme Court of Virginia · 1821