Stovall v. Border Grange Bank
Supreme Court of Virginia
Appeal from decree of corporation court of Danville, pronounced in the chancery cause of the Border Grange Bank, and Thomas J. pee against J. T. Stovall and A. P. Whitfield.
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Appeal from decree of corporation court of Danville, pronounced in the chancery cause of the Border Grange Bank, and Thomas J. pee against J. T. Stovall and A. P. Whitfield. The bank obtained a judgment against said Stovall, Whitfield and Lee for $1,500; and Lee obtained a judgment against Stovall and Whitfield for $5,880.40. Execution was issued on the first on 13th January, 1881. On this the sergeant made return on 7th March, 1881, “not executed by order of the plaintiffs’ counsel,” and that counsel endorsed the execution with a direction that it should not be levied as to any of the…
1Opinion of the CourtLacy, J.
(after stating the case), delivered the opinion of the court.
The first ground of exception to the decree complained of is raised by the demurrer, that the bill on its face does not show that a resort to equity was necessary and proper. Executions had issued on the judgments, which were not made part of the bill, and the bill does not show what had become of the executions, although it alleged that they had been issued, and that garnishments had issued on the executions and judgment recovered on them, and there is no statement of how much had been thus recovered ; and that this court should…
2Cases cited5 opinions
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
- Horton v. BondSupreme Court of Virginia · 1877
- Price v. ThrashSupreme Court of Virginia · 1878
- Robison v. LyleNew York Supreme Court · 1851
- Gentry v. AllenSupreme Court of Virginia · 1879
3Cited by12 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Cooper v. GreenbergSupreme Court of Virginia · 1950
- Simon v. EllisonSupreme Court of Virginia · 1893
- Mann v. Bradshaw's Adm'rSupreme Court of Virginia · 1923
- Young v. SehonWest Virginia Supreme Court · 1903
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