Enders' ex'ors v. Burch
Supreme Court of Virginia
On the 24th day of September 1855 a summons was issued in the Circuit court of the city of Richmond, in the name of John Enders and William Palmer, executors of John Enders deceased, against Thomas CL Burch and Thomas T. Johnson, in an action of debt on two notes in writing; which summons was returnable to October rules, and was returned duly executed. At October rules the declaration was filed and a conditional judgment entered against the defendants.
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On the 24th day of September 1855 a summons was issued in the Circuit court of the city of Richmond, in the name of John Enders and William Palmer, executors of John Enders deceased, against Thomas CL Burch and Thomas T. Johnson, in an action of debt on two notes in writing; which summons was returnable to October rules, and was returned duly executed. At October rules the declaration was filed and a conditional judgment entered against the defendants. At November rules the conditional judgment was confirmed. The cause was placed upon the office judgment docket of the succeeding term, and was…
1Opinion of the CourtMoncure, J.
It is a rule of the common law, that during the term wherein any judicial act is done the record remains in the breast of the judges of the court and in their remembrance, and therefore the roll is alterable during that term as the judges shall direct; but when that term is past, then the record is in the roll and admits of no alteration, averment or proof to the contrary. 3 Tho. Co. Lit. 323, 1 Rob. Pr. 638 (old). The consequence of this rule, until altered by statute as herein after mentioned, was that no execution could be issued on a judgment until the end of the term at which it was…
2Cited by15 opinions
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- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Baker v. SwinefordSupreme Court of Virginia · 1899
- Ballard v. WhitlockSupreme Court of Virginia · 1867
- Creigh v. HedrickWest Virginia Supreme Court · 1872
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