Milligan v. Wilson

ALLEN, Chief Judge.

The appellant obtained a judgment in Virginia against the appellee and another for damages arising out of an automobile accident in Virginia. The appellant, as plaintiff in the lower court, filed suit on the judgment with a copy of the judgment attached to and made a part of the complaint. The defendant filed a motion to dismiss on the grounds that the complaint failed to allege defendant was a non-resident of the State of Virginia at the time the cause of action accrued, and that the record shows the only process issued against her as defendant was as a non-resident of the…