Goolsby v. Strother
Supreme Court of Virginia
This was a supersedeas to a judgment upon a forthcoming bond rendered in the Circuit court of Smythe county, upon the motion of Wade D. Strother, commissioner for John U. Hull, against Robert Goolsby, V. G. Morgan and others.
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This was a supersedeas to a judgment upon a forthcoming bond rendered in the Circuit court of Smythe county, upon the motion of Wade D. Strother, commissioner for John U. Hull, against Robert Goolsby, V. G. Morgan and others. The notice of the motion was for a judgment on the bond on the 13th day of June 1870, and service of the notice was acknowledged by the-parties on the 14th and 16th of May 1870. The bond bore date the 1st of September 1869. The judgment was as follows : It appearing that the defendants have had legal notice of this motion, they were solemnly called, and notappearing, on…
1Opinion of the Court
Moncure, P.,
delivered the opinion of the court.
The Code, chapter 181, sections 5 and 6, provides, among other things, as follows, to wit: (omitting such portions of the language as are not pertinent to this case or not material to be stated).
§ 5. The court in which there is a judgment by default, or a decree on a bill taken for confessed, or the judge of said court in the vacation thereof, may on motion reverse -such judgment or decree for any error for which an appellate court might reverse it if the following section was not enacted, and give such judgment or decree as ought to be given.…
2Cases cited1 opinion
- Beale v. WilsonSupreme Court of Virginia · 1815