Blincoe v. Berkeley
Court of Appeals of Virginia
In Replevin, the defendant claimed cognizance as bailiff of William Lane, senr. for 108/. 135. 2d. rent, due on the first day of January, 1793, and that he entered and took the goods and chattels as a distress for the same; and concludes thus: “wherefore, he prays judgment, and a return of the said goods and chattels to be adjudged to him, together with his costs and damages, according to the form of the statute in that case made and provided.”
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In Replevin, the defendant claimed cognizance as bailiff of William Lane, senr. for 108/. 135. 2d. rent, due on the first day of January, 1793, and that he entered and took the goods and chattels as a distress for the same; and concludes thus: “wherefore, he prays judgment, and a return of the said goods and chattels to be adjudged to him, together with his costs and damages, according to the form of the statute in that case made and provided.” Replication, 1. That the plaintiff had nothing in the premises; 2. No rent arrear, and issue; 3. No demise in manner and form as in the cognizance set…
1Opinion of the Court
ROANE, Judge.
This is an action of replevin; and, the defendant having claimed cognizance as bailiff of W. Lane, senr. the parties were at issue on the three pleas, mentioned in the proceedings.
At the trial, the defendant offered in evidence, as appears by the bills of exceptions, the deposition of T. King; and, although it was alledged, amongst other things, that it was taken by an ordinary commission, not granted on notice to the adverse party, (notwithstanding the examination was to be in Maryland;) and not directed to commissioners, selected pursuant to the act of Assembly, yet the…
2Cases cited1 opinion
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