Legal Opinion

Allen v. Hart

Supreme Court of Virginia

Decided June 8, 1868PublishedCited by 11 opinions

On the 8th of December, 1866, Benjamin Hart moved the Court of Hustings of the city of Richmond for award of execution upon a forthcoming bond which had been executed by J. Y. H. Allen, treasurer National Express Company, M. G. Harman and Thomas Branch, and given under a distress warrant for rent. The distress warrant had been issued at the suit of Hart against The National Express and Transportation Company, and was levied on the property of the company.

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On the 8th of December, 1866, Benjamin Hart moved the Court of Hustings of the city of Richmond for award of execution upon a forthcoming bond which had been executed by J. Y. H. Allen, treasurer National Express Company, M. G. Harman and Thomas Branch, and given under a distress warrant for rent. The distress warrant had been issued at the suit of Hart against The National Express and Transportation Company, and was levied on the property of the company. The rent claimed to be due was $1,500, and the penalty of the bond was $3,000. On the hearing of the motion, the defendants offered to…

1Opinion of the Court

Moncure, P.

This is a supersedeas to a judgment of the District Court at Williamsburg, affirming a judgment of the Court of Hustings for the city of Richmond, rendered on a motion on a forthcoming bond given under a distress warrant for rent. On the hearing of the motion in the Court of Hustings, the defendants in that court, who are the plaintiffs in error here, offered evidence tending to prove that the plaintiff in that court, who is the defendant in error here, was, before and at the time of the making and delivery of the said bond, indebted to the said defendants ; or, which is the same…

2Cases cited1 opinion

  1. Skagit Railway & Lumber Co. v. ColeWashington Supreme Court · 1891

3Cited by11 opinions

  1. Tidewater Quarry Co. v. ScottSupreme Court of Virginia · 1906
  2. B. & O. R. R. v. JamesonWest Virginia Supreme Court · 1878
  3. Hoover-Dimeling Lumber Co. v. NeillWest Virginia Supreme Court · 1916
  4. Hancock v. Whitehall Tobacco Warehouse Co.Supreme Court of Virginia · 1902
  5. Wartman v. YostSupreme Court of Virginia · 1872

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