Legal Opinion

Clark v. Ward

Supreme Court of Virginia

Decided May 22, 1855PublishedCited by 14 opinions

On the 28th of June 1853, between the hours of 10 and 11 o’clock A. M. William M. Clark sued out of the clerk’s office- of the Circuit court of Frederick county a subpoena in chancery against Henry P. Ward, George W. Ward and C. Lewis Brent, returnable to the next July rules.

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On the 28th of June 1853, between the hours of 10 and 11 o’clock A. M. William M. Clark sued out of the clerk’s office- of the Circuit court of Frederick county a subpoena in chancery against Henry P. Ward, George W. Ward and C. Lewis Brent, returnable to the next July rules. On this subpoena a memorandum was endorsed, by which the officer to whom it was directed was ordered to attach the debts due and to become due by the defendants George W. Ward and C. Lewis Brent to the defendant Henry P. Ward, and also any other estate of that defendant whether in his own hands or in the hands of the…

1Opinion of the CourtDaniel, J.

It seems to the court, that at the time of the issuing of the subpoena and attachment in this case, the appellee Henry P. Ward was in fact, and in the true sense and meaning of the statutes regulating the subject, not a resident of this state.

It however seems further to the court, that there was no levy of said attachment on any real estate of the said Ward, no such estate being mentioned or described by endorsement on said attachment.

And the court, without deciding whether the certificate of J. P. Riely of the 14th day of March 184-3, of the acknowledgment before him, by the said Ward, of…

2Cited by14 opinions

  1. Harden v. WagnerWest Virginia Supreme Court · 1883
  2. Amsbaugh v. Exchange Bank of Maquoketa, IowaSupreme Court of Kansas · 1885
  3. Bank of Phoebus v. ByrumSupreme Court of Virginia · 1910
  4. Dean v. CannonWest Virginia Supreme Court · 1892
  5. Haber v. NassittsSupreme Court of Florida · 1868

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