Richardson's Adm'r v. Prince George Justices
Supreme Court of Virginia
These two cases are precisely the same except in the names of the defendants below, who are the appellants. The statement of one is therefore the statement of the other.
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These two cases are precisely the same except in the names of the defendants below, who are the appellants. The statement of one is therefore the statement of the other. In April 1847 a scire facias was issued from the clerk’s office of the Circuit court of the county of New Kent, which recited, that whereas Benjamin Harrison, Thomas Cock, Nathaniel Colly and William Baird, justices of Prince Georg-e county, who sue for the benefit and at the cost of the marshal of the Superior court of chancer}' for the Williamsburg district, which marshal was Charles B. Wingfield, at a Superior court of law…
1Opinion of the CourtLee, J.
It is no doubt true that if a scire facias for the purpose of reviving a judgment, be found to vary in a material matter from the judgment in the description which it undertakes to give of it, advantage may be taken of it in the proper mode, and the variance "frill prove fatal. But waiving the question whether a proper mode of making such an objection could be by a general demurrer or motion to quash, I am of opinion that no such variance appears in the present case. It is true the judgment was in the names of four persons described as justices of Prince George county, suing for the benefit…
2Cases cited3 opinions
- Wynn v. Harman's deviseesSupreme Court of Virginia · 1848
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Masters v. Varner's ex'orsSupreme Court of Virginia · 1848
3Cited by8 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Hutsonpiller's adm'r v. Stover's Adm'rSupreme Court of Virginia · 1855
- Krebs' Executors v. Welch's AdministratorSupreme Court of Virginia · 1910
- Hutsonpiller's Adm'r v. Stover's Adm'rSupreme Court of Virginia · 1855
- Hutsonpiller's Adm'r v. Stover's Adm'rSupreme Court of Virginia · 1855
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