Pulliam v. Aler
Supreme Court of Virginia
A summons in an action of debt was issued from the clerk’s office of the Circuit court of the city of Richmond, bearing- date on the 16th day of September 1854, in the name of George Aler, plaintiff, against Thomas G. James, defendant.
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A summons in an action of debt was issued from the clerk’s office of the Circuit court of the city of Richmond, bearing- date on the 16th day of September 1854, in the name of George Aler, plaintiff, against Thomas G. James, defendant. An attachment was also sued out by Aler, bearing the same date, which recites, that “whereas since the institution of a suit *in the Circuit court of the city of Richmond, brought by George Aler, plaintiff, against Thomas G. James, defendant, to recover money for a claim, there has been filed in the clerk’s office of the said court an affidavit that the…
1Opinion of the Court
*ALLEN, P.
The defendant in error sued out on the 16th day of September 1854, a summons in debt against Thomas G-. James, and on the same day issued an attachment against his estate, under the Code, ch. 151, § 1. The attachment recites, that “whereas since the institution of a suit, ’ ’ &c. 1 ‘ there has been filed in the clerk’s office of the said court an affidavit.” It is assigned as error, that this garnishee process appearing thus on its face to have been issued since the institution of the suit, was irregularly issued, and that it was the duty of the court before which it came ex officio…
2Cases cited2 opinions
- Cunningham v. MitchellCourt of Appeals of Virginia · 1826
- Stevens v. DavisonSupreme Court of Virginia · 1868
3Cited by21 opinions
- Lane Bros. & Co. v. BausermanSupreme Court of Virginia · 1904
- Claflin v. SteenbockSupreme Court of Virginia · 1868
- Steele v. HarknessWest Virginia Supreme Court · 1876
- Ballard v. WhitlockSupreme Court of Virginia · 1867
- Chapman v. MaitlandWest Virginia Supreme Court · 1883
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