Legal Opinion

Smith v. Hutchinson

Supreme Court of Virginia

Decided March 13, 1884PublishedCited by 8 opinions

Error to judgment of circuit court of Prince William county, rendered October 12th., 1881, upon error to judgment of county court of said county, refusing to renew, by scire facias, a judgment for $1,172.45, with interest and costs, in favor of appellant, Thomas A. Smith, against R. P. Hutchinson, Thomas K. Davis, and S. P. Rayly. The writ was duly served and docketed at term to which returnable, and continued to next term; but defendants appeared not.

Read the full summary

Error to judgment of circuit court of Prince William county, rendered October 12th., 1881, upon error to judgment of county court of said county, refusing to renew, by scire facias, a judgment for $1,172.45, with interest and costs, in favor of appellant, Thomas A. Smith, against R. P. Hutchinson, Thomas K. Davis, and S. P. Rayly. The writ was duly served and docketed at term to which returnable, and continued to next term; but defendants appeared not. County court, in effect, of its own motion, interposed the defence of the statute of limitations and denied revival.' On error, circuit court…

1Opinion of the CourtRichakdson, J.

On the 2d day of March, 1881, Thomas A. Smith sued out from the clerk’s office of Prince William county a writ of scire facias to renew a judgment theretofore—to-wit: on the 10th day of November, 1859, in the county court of said county—recovered by said Thomas A. Smith against R. P. Hutchinson, Thomas K. Davis, and S. P. Bayly, for the sum of $1,172.45, with interest thereon at the rate of six per centum per annum from the 2d day of May, 1859, till payment, and $8.11 costs. The writ, which appears at large in the record, is in the usual form in such cases. It is dated on the said 2d day of…

2Cases cited3 opinions

  1. Day v. PickettSupreme Court of Virginia · 1813
  2. Cheatham v. HatcherSupreme Court of Virginia · 1878
  3. Williamson v. CrawfordSupreme Court of Virginia · 1850

3Cited by8 opinions

  1. Humphrey v. SpencerWest Virginia Supreme Court · 1892
  2. Ashby v. Bell's Adm'rSupreme Court of Virginia · 1885
  3. Gibson v. Green's Adm'rSupreme Court of Virginia · 1893
  4. Hall v. RatliffSupreme Court of Virginia · 1896
  5. McCartney v. TyrerSupreme Court of Virginia · 1897

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API