Lockridge v. Lockridge
Supreme Court of Virginia
This was an action of debt in the circuit court of Highland county by William Lockridge against John Lockridge upon a bond executed by the latter to the plaintiff for the sum of 1500.00. Process was issued against the defendant and returned £ £no inhabitant’ ’; but the defendant appeared and pleaded, and the case was tried by a jury, and a verdict found for the plaintiff.
1Opinion of the CourtChristian, J.
The court is of the opinion that the appearance of the de*62fendant and the pleading to the action after it was docketed was a waiver of his right to have the suit abated.
It was the duty of the clerk upon the return of the process “no inhabitant” to have entered an abatement of the suit. But not having done this, and the suit having been placed upon the docket, and the defendant having appeared and pleaded, and the issue thus made having been tried by a jury and verdict, and judgment rendered for the plaintiff, it is too late now to raise the question in the appellate court that £ £the case was…
2Cited by2 opinions
- Smiley v. Provident Life & Trust Co.Supreme Court of Virginia · 1907
- Hatke v. Globe Indemnity Co.Supreme Court of Virginia · 1936