Sherrard v. Carlisle
Court of Appeals of Virginia
*The facts of the case sufficiently appear from the opinions of the judges, particularly that of Gilmer, J. It was an appeal from the decision of the Circuit Court of Hampshire, by Joseph H. and Anna Sherrard, executor and executrix of John Sherrard, deceased, and Angus W. McDonald.
Read the full summary
*The facts of the case sufficiently appear from the opinions of the judges, particularly that of Gilmer, J. It was an appeal from the decision of the Circuit Court of Hampshire, by Joseph H. and Anna Sherrard, executor and executrix of John Sherrard, deceased, and Angus W. McDonald. The claim of John Sherrard under the assignment of the 6th of April, 1835, from Jonathan Carlisle, of an interest derived through his wife Elizabeth, as one of the children of John Snyder, was, by her petition, sought to be avoided on the ground of the decree of divorce. By that decree the Court of Common Pleas of…
1ConcurrenceThompson, J.
I concur in the decree of affirmance to be entered in this appeal, and in the reasons and conclusions of my brethren, whose opinions have been delivered. If there be no fatal defect in the form of the proceedings, (as X think they have shewn,) the proceeding *by bill or petition (if not mere motion) being equally proper; and if the bill were even the only proper form of proceeding, technically speaking, the petition and supplemental petition in this case having, without objection in the court below, been considered and treated as an informal, but substantial bill and supplemental bill; if the…
2Cases cited1 opinion
- Debuys v. ConnollySupreme Court of Louisiana · 1842