Lee v. Chilton
Supreme Court of Virginia
A writ of scire facias was issued from the Clerk’s office of Spottsylvania County, directed to the Sheriff thereof, on the 17 th of February 1813, in behalf of John Chilton against ML arty Fitshugh and Henry Lee,jr. as special Bail for Henry Lee, sen'r. The Sheriff's return was, “ The within-named “ MLarty Fitshugh and Henry Lee, jr. are not inhabitants of “ my bailiwick, and are not found within the same.”
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A writ of scire facias was issued from the Clerk’s office of Spottsylvania County, directed to the Sheriff thereof, on the 17 th of February 1813, in behalf of John Chilton against ML arty Fitshugh and Henry Lee,jr. as special Bail for Henry Lee, sen'r. The Sheriff's return was, “ The within-named “ MLarty Fitshugh and Henry Lee, jr. are not inhabitants of “ my bailiwick, and are not found within the same.” An alias " writ of scire facias was issued, and directed in like manner, “on the 17th of April; on which writ the Sheriff’s return was, “ no inhabitants of my bailiwick, and. not found.”…
1Opinion of the Court
February 1th, 1817.
Judge Roane
pronounced the Court’s opinion.
The Court is of opinion that the Judgment of the County Court is erroneous in this; that, at the time the defendants had leave to withdraw their pleas, as having been improvidently pleaded, they had the right to surrender their principal; *411two writs of Scire facias not having been then returned nihil against them; that the permission given to the Sheriff to amend his returns could not, by relation to the time, when those returns were made, deprive them of the benefit of two several writs returned nihil; for, until such writs were…
2Cited by3 opinions
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