Meade v. Grigsby's adm'rs
Supreme Court of Virginia
In August 1872 David Meade applied to the judge of the Circuit court of Clarke county for an injunction to restrain the levy of an execution upon his property, which had issued upon a judgment recovered in that court by John R. Grigsby’s administrators against R. B. Meade and the plaintiff.
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In August 1872 David Meade applied to the judge of the Circuit court of Clarke county for an injunction to restrain the levy of an execution upon his property, which had issued upon a judgment recovered in that court by John R. Grigsby’s administrators against R. B. Meade and the plaintiff. The bill states the recovery of the judgment for one thousand dollars, with interest from January 2d, 1861, and costs; and that an execution thereon had been sued out and levied on the property of the plaintiff. That said judgment was based upon a single bill which was executed by if. B. Meade and the…
1Opinion of the Court
Staples J.
delivered the opinion of the court.
A demurrer admits the allegations in the bill to be-true, and raises the question, whether those allegations afford a sufficient ground for equity to interfere. Ordinarily, it is considered premature upon a general demurrer wholly to dismiss the bill, unless the complainant’s ease is from his own showing radically such, that no discovery or proof properly called for by,, or founded upon the allegations in the bill, can possibly make it a proper subject of equitable jurisdiction. *615Pryor v. Adams, 1 Call. 382; Le Roy v. Veeder & als.,1 John. Cas. 427;…
2Cases cited1 opinion
- Niday v. Harvey & Co.Supreme Court of Virginia · 1852
3Cited by8 opinions
- Penn v. InglesSupreme Court of Virginia · 1886
- Southall v. FarishSupreme Court of Virginia · 1888
- Beckham v. DuncanSupreme Court of Virginia · 1888
- Barskile v. BarskileWest Virginia Supreme Court · 1929
- Gibert v. Washington City, Virginia Midland & Great Southern RailroadSupreme Court of Virginia · 1880
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