Olinger v. Shepherd
Supreme Court of Virginia
On the 3d of June 1850, John C. Olinger, the plaintiff in error, exhibited his complaint before a justice of the peace of Lee county, that Alfred Shepherd, the defendant in error, had unlawfully turned him out of possession of a certain tenement, containing by estimation two hundred acres of land, with- the appurtenances, lying and being in the county aforesaid : whereof he prayed restitution of the possession.
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On the 3d of June 1850, John C. Olinger, the plaintiff in error, exhibited his complaint before a justice of the peace of Lee county, that Alfred Shepherd, the defendant in error, had unlawfully turned him out of possession of a certain tenement, containing by estimation two hundred acres of land, with- the appurtenances, lying and being in the county aforesaid : whereof he prayed restitution of the possession. A warrant was accordingly issued in the form prescribed by tbe act of February 12, 1814, 1 Eev. Code, cli. 115, p. 455-459, which was then in force. The warrant was duly executed and…
1Opinion of the CourtMoncure, J.
after stating the case, proceeded:
The first objection taken to the judgment of the County court is, that the proceeding, having been commenced before the Code took effect, should' have been concluded under the law which was then in force, and should not thereafter have conformed, as it did, to the provisions of the Code.
I think the case comes within the -exception contained in the Code, ch. 216, § 2, p. 800, and that the proceedings had therein after the Code took effect properly conformed to its provisions. The only difference between the act of February 12, 1814, 1 Rev. Code 455, under…
2Cases cited3 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Kincheloe v. TracewellsSupreme Court of Virginia · 1854
- Perkins' Adm'r v. Hawkins' Adm'xSupreme Court of Virginia · 1853
3Cited by17 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Hukill v. GuffeyWest Virginia Supreme Court · 1892
- Mears & Lewis v. DexterSupreme Court of Virginia · 1890
- Moore v. DouglassWest Virginia Supreme Court · 1879
- Richmond Ice Co. v. Crystal Ice Co.Supreme Court of Virginia · 1901
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