Norfolk & Western Railway Co. v. Duke
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Warren county in a proceeding by motion for a judgment for money. Judgment for the plaintiffs. Defendant assigns error.
1Opinion of the CourtBuchanan, J.
This case was before this court in the year 1906, under the style of Duke & Rudacille v. Norfolk & Western Ry. Co. The proceedings in the ease, up to that time, are stated in the opinion of the court, which is reported in 106 Va. 152-160, 55 S. E. 548.
The first error assigned in the petition for this writ of error is that, the proceeding being by motion upon notice under section 3211 of the code, the trial court had no jurisdiction in the manner and form in which it was invoked, under the decision of .this court in Wilson v. Dawson, 96 Va. 687, 32 S. E. 461.
Whether this contention be correct…
2Cases cited5 opinions
- Duke v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1906
- Wilson v. DawsonSupreme Court of Virginia · 1899
- Hamilton v. ScullyIllinois Supreme Court · 1886
- Krise v. RyanSupreme Court of Virginia · 1894
- Stuart's Ex'or v. PeytonSupreme Court of Virginia · 1899
3Cited by14 opinions
- Steinman v. Clinchfield Coal Corp.Court of Appeals of Virginia · 1917
- Miller-Jenkins v. Miller-JenkinsSupreme Court of Virginia · 2008
- Talley v. DrumhellerSupreme Court of Virginia · 1925
- Chappell v. WhiteSupreme Court of Virginia · 1946
- SEARLES'ADM'R v. Gordon's Adm'rSupreme Court of Virginia · 1931
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