Kern, Barr & Co. v. C. A. Wyatt & Co.
Supreme Court of Virginia
Appeal from two decrees of circuit court of Frederick county, rendered, respectively, on the 15th of March, 1889, and on the 14th of March, 1890, in two suits by attachments in chancery, wherein the appellants, Kern, Barr & Co. and A. H. Griffith’s Sons, respectively, were plaintiffs, and C. A. Wyatt and H. G. Newhall, partners doing business in the name of C. A. Wyatt & Co., and Thomas L. Dunn were defendants.
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Appeal from two decrees of circuit court of Frederick county, rendered, respectively, on the 15th of March, 1889, and on the 14th of March, 1890, in two suits by attachments in chancery, wherein the appellants, Kern, Barr & Co. and A. H. Griffith’s Sons, respectively, were plaintiffs, and C. A. Wyatt and H. G. Newhall, partners doing business in the name of C. A. Wyatt & Co., and Thomas L. Dunn were defendants. The facts of these cases, which were heard together, are as follows : On the 16th day of February, 1889, the attachments were sued out against C. A. Wyatt & Co. as non-resident debtors…
1Opinion of the Court
Richardson, J.,
(after stating the case,) delivered the opinion of the court.
The alleged errors set forth in the bill of review are the same as those presented in the petition for appeal.
I. The first assignment of error is that no decree should have been entered until process, personal or by publication, had been executed against the non-resident defendants, O. A. "Wyatt and H. G. Newhall, partners as aforesaid. Unless the decree itself aggrieved the appellants, we fail to perceive how its rendition before an opportunity was afforded their debtors, the non-resident defendants, to contest their…
2Cases cited4 opinions
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