Hutsonpiller's adm'r v. Stover's Adm'r
Supreme Court of Virginia
In 1804, Joseph. Stover instituted an action of debt against Paulser Huber and Jacob Hutsonpiller in the County court of Greenbrier, upon a bond for one hundred and seventy-two pounds, executed in 1788. The sheriff returned the process executed on Hutsonpiller, and that Huber had kept him off by force of arms.
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In 1804, Joseph. Stover instituted an action of debt against Paulser Huber and Jacob Hutsonpiller in the County court of Greenbrier, upon a bond for one hundred and seventy-two pounds, executed in 1788. The sheriff returned the process executed on Hutsonpiller, and that Huber had kept him off by force of arms. Hutsonpiller appeared, and put in the plea of . payment ; but at the March term 1806, the plea was waived and “judgment by non sum informatus, for debt and costs, reserving equity.” On the same day Huber and Hutsonpiller obtained an injunction in the County court; and in January 1810,…
1Opinion of the CourtLee, J.
It is well settled that if one have judgment with a cesset executio for a given time, he may within a year and a day after the expiration of the agreed time, take out his execution without scire facias. 4 Com. Dig. 257, “ Execution,” I 4; Long v. Morton, 2 Marsh. R. 39; Underhill v. Devereux, 2 Wms. Saund. 72 c, n 4; Hiscocks v. Kemp, 3 Adol. & Ell. 676; United States v. Harford, 19 John. R. 172; Nicholson v. Howsley, 5 Litt. Sel. Cas. 300; Eppes v. Randolph, 2 Call 125, 186. So if the defendant bring error and thereby hinder the plaintiff from taking execution within the year, and the…
2Cases cited2 opinions
- Wood v. CommonwealthCourt of Appeals of Virginia · 1826
- Richardson's Adm'r v. Prince George JusticesSupreme Court of Virginia · 1854
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- Lightfoot's Adm'r v. Green's Ex'orSupreme Court of Virginia · 1895
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