Mayo v. Bentley
Court of Appeals of Virginia
William, Bentley, as administrator of William Ronald, filed a bill, in the high court of chancery, against Mayo and others, stating, that, having been sued by Mayo, in the county court of Powhatan, upon a bond, he instructed his attorney to set aside the office judgment and plead payment, intending to add a plea of fully administered after-wards.
Read the full summary
William, Bentley, as administrator of William Ronald, filed a bill, in the high court of chancery, against Mayo and others, stating, that, having been sued by Mayo, in the county court of Powhatan, upon a bond, he instructed his attorney to set aside the office judgment and plead payment, intending to add a plea of fully administered after-wards. That his attorney directed the clerk to set aside the judgment, and enter the plea; but, from design, or inattention, it was omitted. That he is advised that the judgment amounts to an admission of assets, although all the effects would be consumed,…
1Opinion of the Court
Roane, Judge.
This is a case in which is drawn in question the rectitude of the appellee’s conduct as administrator of William Ronald, in reference to the several claims stated in the pleadings, and set up in bar of the appellant’s demand. But as no difficulty, or diversity of sentiment, exists with the court,-as to any other point in the cause except that concerning Andrew Ronald’s judgment, I beg leave to confine my few observations'solely to that point, referring for my opinion on the others to the decree which has been considered and agreed upon by the judges.
It will be necessary to take a…
2Cases cited1 opinion
- Wilson v. RuckerCourt of Appeals of Virginia · 1799
3Cited by1 opinion
- Hill v. ClarkeHopewell County Circuit Court · 2006