Warren v. Saunders
Supreme Court of Virginia
This is a supersedeas to a judgment of the late district court of appeals for the third judicial circuit, reversing a judgment of the circuit court for the city of Williams-burg and county of James City, rendered in a certain matter of controversy therein depending, wherein the plaintiff in error, James R. Warren, was plaintiff, and the defendant in error, Edmund A. Saunders, was defendant. The following is a statement of the case.
Read the full summary
This is a supersedeas to a judgment of the late district court of appeals for the third judicial circuit, reversing a judgment of the circuit court for the city of Williams-burg and county of James City, rendered in a certain matter of controversy therein depending, wherein the plaintiff in error, James R. Warren, was plaintiff, and the defendant in error, Edmund A. Saunders, was defendant. The following is a statement of the case. On the 16th day of February 1869, a summons was issued by the clerk of the said circuit court, directed to the sheriff of the city of Richmond, commanding him to…
1Opinion of the Court
Moncure, P.,
delivered the opinion of the court.
After stating the case he proceeded:
There can be no doubt but that the summons by which the action was commenced in this case was illegal and void, and ought to have been quashed, if the facts appeared and the question was properly presented to the circuit court. The action was brought in the circuit court of the city of Williams-burg and the county of James City, and was commenced by the issuing of a summons which bore date on the 16th day of February 1869, before the declaration was filed. There was but one defendant in the action, Edmund A.…
2Cases cited17 opinions
- Simpson v. EdmistonWest Virginia Supreme Court · 1884
- State v. BakerWest Virginia Supreme Court · 1889
- State v. AllenWest Virginia Supreme Court · 1898
- Delaplain v. ArmstrongWest Virginia Supreme Court · 1882
- Guarantee Co. of North America v. First National Bank of LynchburgSupreme Court of Virginia · 1898
12 more not listed; retrieve them via the Exa API.