Stotz v. Collins & Co.
Supreme Court of Virginia
Error to judgment of judge of circuit court of Roanoke county, in vacation, rendered December 20th, 1884, on the motion of John Stotz to reverse a judgment of said court entered at the preceding term on a defective return of substituted service of the summons to commence the action of debt wherein Abram Collins & Co. were plaintiffs, and said John Stotz was defendant.
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Error to judgment of judge of circuit court of Roanoke county, in vacation, rendered December 20th, 1884, on the motion of John Stotz to reverse a judgment of said court entered at the preceding term on a defective return of substituted service of the summons to commence the action of debt wherein Abram Collins & Co. were plaintiffs, and said John Stotz was defendant. The sheriff’s return on the writ in the action was in the words and figures following, to-wit: “Executed Aug. 28, 1884, by delivering a copy of within summons to John Stotz through his daughter, over the age of sixteen years, he…
1Opinion of the Court
Lewis, P.,
delivered the opinion, of the court.
The question is whether there is error in the action of the judge in permitting the return to be amended, and in dismissing the motion. It is conceded that the original return is defective. If, however, leave to amend was properly granted, then the amended return shows that the writ was served in conformity with the provisions of the statute in relation to the service of process in such cases. Code 1873, ch. 163, § 1; Id., ch. 166, § 5.
The learned counsel for the plaintiff in error concedes that the return was amendable during the term at which…
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