Dunbar & Vass v. Long's Administrator
Supreme Court of Virginia
AN appeal was taken in this case, from the judgment of the District Court of Fredericksburg, for the purpose of settling a point of practice, stated to be of great importance t0 t]ie countrv. It was a suit brought in that Court by the appellants against the appellee; the writ in which was executed after the first day of the term to which it was returnable.
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AN appeal was taken in this case, from the judgment of the District Court of Fredericksburg, for the purpose of settling a point of practice, stated to be of great importance t0 t]ie countrv. It was a suit brought in that Court by the appellants against the appellee; the writ in which was executed after the first day of the term to which it was returnable. At the next succeeding Court, the cause stood as an office-judgment, confirmed at the rules held in, the clerk’s office intervening between the two terms ; when the Court, on motion of the defendant, granted a rule “ to “ shew cause why the…
1Opinion of the Court
Judge Tucker.
The defendant in the District Court obtained a rule to shew why the judgment and proceedings in the office should not be set aside, and the sheriff’s return on the capias against him be quashed, because the arrest was made by the sheriff of Orange, after the first day of the term to which the writ was returnable ; the Court set aside the judgment and all other proceedings in the office, subsequent to the capias, and quashed the writ and the sheriff’s return thereupon : from which judgment the plaintiff appealed.
The District Court Law (ed. 1794, c. 66. s. 21.) directs, that all…
2Cases cited2 opinions
- Sheehan v. LevyWashington Supreme Court · 1890
- Tracy v. TorreyU.S. Circuit Court for the District of Northern New York · 1851