Legal Opinion

Marshall v. McDaniel

Bath County Circuit Court

Decided March 21, 1974PublishedCited by 3 opinions

1Opinion of the Court

By JUDGE ROSCOE B. STEPHENSON, JR.

Defendant filed a motion to dismiss this action upon the grounds that, (1) he was not served with process within the period of one year after commencement of the action against him as required by Rule 3:3 of the Rules of the Supreme Court of Virginia, and (2) no valid process has been served on him.

On October 5, 1969, the plaintiff, Earl Marshall, and the defendant, whose correct name is Howard Michael Daniel, were the drivers of automobiles which collided in Bath County. The accident was investigated by Trooper Tex Chapman of the Virginia State Police. The…

2Cases cited6 opinions

  1. United States v. Midway Northern Oil Co.District Court, S.D. California · 1916
  2. Fulcher v. WhitlowSupreme Court of Virginia · 1967
  3. Pereira v. Davis Financial Agency, Inc.Supreme Court of Virginia · 1926
  4. Commonwealth Ex Rel. Duvall v. HallSupreme Court of Virginia · 1953
  5. Cowan v. ZimmermanSupreme Court of Virginia · 1940

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

3Cited by3 opinions

  1. Drewry v. NottinghamNorfolk County Circuit Court · 2004
  2. Lawson v. RothRoanoke County Circuit Court · 2003
  3. Tindall v. Virginia Employment CommissionRichmond County Circuit Court · 2004

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