McVeigh v. Bank of Old Dominion
Supreme Court of Virginia
•Error to judgment of corporation court of Alexandria, rendered 16th October, 1879, on a writ of scire facias sued out by the Bank of the Old Dominion to revive a judgment theretofore obtained against W. 1ST. McVeigh. The scire facias was sued out 5th September, made returnable to October rules, was executed 15th September, 1879, and was so returned. At October rules judgment was entered against defendant for failure to appear.
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•Error to judgment of corporation court of Alexandria, rendered 16th October, 1879, on a writ of scire facias sued out by the Bank of the Old Dominion to revive a judgment theretofore obtained against W. 1ST. McVeigh. The scire facias was sued out 5th September, made returnable to October rules, was executed 15th September, 1879, and was so returned. At October rules judgment was entered against defendant for failure to appear. Afterwards, at October term, on 16th instant, on motion of plaintiff, it was ordered that he have execution against defendant on the judgment; defendant objecting to…
1Opinion of the CourtAnderson, J.
Upon the authority of Williamson v. Crawford, 7 Gratt. 202, which is recognized in a later case—Bobauz and al. v. Commonwealth, 24 Gratt. 38—as accurately expounding the law of this State, the court is of opinion that there is no error in the judgment of the court below. Upon a scire facias to revive a judgment, neither a declaration nor rule to plead is necessary. And if the writ is made returnable to rules, as it was in this case, and the defendant makes default, it is unnecessary to give him a rule to plead, but there should be an award of execution, which, if not set aside at the next…
2Cases cited1 opinion
- Williamson v. CrawfordSupreme Court of Virginia · 1850
3Cited by5 opinions
- King v. DavisU.S. Circuit Court for the District of Western Virginia · 1903
- Carney v. PoindexterSupreme Court of Virginia · 1938
- Paine v. TutwilerSupreme Court of Virginia · 1876
- Paine v. TutwilerSupreme Court of Virginia · 1876
- Paine v. TutwilerSupreme Court of Virginia · 1876