New River Mineral Co. v. Roanoke Coal & Coke Co.
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Western District of Virginia. This case comes up by writ of error to the circuit court of the United States for the Western district of Yirginia.
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In Error to the Circuit Court of the United States for the Western District of Virginia. This case comes up by writ of error to the circuit court of the United States for the Western district of Yirginia. Under the law prevailing in Virginia (section 3211, Code 3887), amended by act of assembly (Acts 1895-96, p. 140), any person entitled to recover money by action on any contract may, on motion before any court which would have jurisdiction in an action otherwise than under section 3215. obtain judgment for such money after 15 days’ notice, which notice shall be returned to the clerk’s office…
1Opinion of the CourtSimonton, Circuit Judge
(after stating the facts as above). The well-settled rule of this court is that the action of the circuit court in refusing or granting a new trial is not reviewable. The rule is so well settled, and has been declared so often by this court, that no citation of authority is necessary.
The only question in the cáse’is that raised by the first assignment of error: Was the notice issued under the Virginia statutes returned by the sheriff within the time required by law? This being a mode of suit, the creation of statute, the statute must be followed strictly. The statute does not prescribe the…
2Cases cited5 opinions
- Hartwell v. RootNew York Supreme Court · 1822
- Gonzales v. RossSupreme Court of the United States · 1887
- Rowe's Adm'r v. Habdy's Adm'rSupreme Court of Virginia · 1899
- Ross and Morrison v. ReedSupreme Court of the United States · 1816
- Egery & Hinckley v. BuchananCalifornia Supreme Court · 1855
3Cited by4 opinions
- Librach v. United StatesUnited States Court of Claims · 1959
- Tecom, Inc. v. United StatesUnited States Court of Federal Claims · 2005
- Duncan v. CarsonSupreme Court of Virginia · 1920
- Dick Bros., Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1953