Farmers Bank v. McGavock
Supreme Court of Virginia
Error to a judgment of tlie Circuit Court of Wythe county on a motion to quash an execution. Judgment for the plaintiff in the motion. Defendant assigns error.
1Opinion of the CourtWhittle, J.
This writ of error is to an order of the Circuit Court of Wythe county, abating an office judgment entered in that court in behalf of plaintiff in error, the Farmers Bank of Southwest Virginia, against J. C. McGavock and J. R. McGavock, and quashing an execution issued thereon.
The order rests upon the ground that there was no appearance by the defendants and no service of lawful process upon them. The correctness of the decision, therefore, (the fact of non-appearance being admitted) depends upon the validity of the original writ.
The writ runs in the name of the Commonwealth of Virginia, is…
2Cases cited5 opinions
- Brown v. EppsSupreme Court of Virginia · 1895
- Ambler v. LeachWest Virginia Supreme Court · 1879
- Button v. State Corp. CommissionSupreme Court of Virginia · 1906
- Pendleton v. SmithWest Virginia Supreme Court · 1864
- Town of Gate City v. RichmondSupreme Court of Virginia · 1899
3Cited by4 opinions
- Ramey v. HarberCourt of Appeals for the Fourth Circuit · 1978
- Ramey v. HarberDistrict Court, W.D. Virginia · 1977
- Williams v. McDonaldDistrict Court, E.D. Virginia · 1999
- Clarence Ramey, James Bledsoe, David Curtis Minton, Chester Fugate, Herschel Woodward, Onza Collier, Danny Moore, Ronnie Fortner, James Hensley, Muriel Gibbons, James Hamilton, Marion Hobbs v. Paul T. Harber, Individually and as Sheriff of Lee County, and Board of Supervisors of Lee County, W. Quentin Littrell, Individually and as Member, Roy Lucas, Individually and as Member, Ralph Robinette, Individually and as Member, C. B. Waddell, Individually and as Member, J. K. Newman, Individually and as Member, Bill Jessee, Individually and as Member, W. R. Hines, Individually and as Member, A. T. Burchette, Individually and as Member, Clarence Ramey, James Bledsoe, David Curtis Minton, Chester Fugate, Herschel Woodward, Onza Collier, Danny Moore, Ronnie Fortner, James Hensley, Muriel Gibbons, James Hamilton, Marion Hobbs v. Paul T. Harber, Individually and as Sheriff of Lee County, Board of Supervisors of Lee County, W. Quentin Littrell, Individually and as Member, Roy Lucas, Individually and as Board Member, Ralph Robinette, Individually and as Member, C. B. Waddell, Individually and as Member, J. K. Newman, Individually and as Member, Bill Jessee, Individually and as Member, W. R. Hines, Individually and as Member, A. T. Burchette, Individually and as Member, Clarence Ramey, James Bledsoe, David Curtis Minton, Chester Fugate, Onza Collier, Danny Moore, James Hensley, Muriel Gibbons, James Hamilton v. County of Lee Virginia, Board of Supervisors of Lee County, Virginia, W. Quentin Littrell, Roy Lucas, Ralph Robinette, C. B. Waddell, J. K. Newman, Bill Jessee, Jack Lee, A. T. Burchette, W. R. HinesCourt of Appeals for the Fourth Circuit · 1978