Goosely v. Holmes
Court of Appeals of Virginia
Goosely sued a scire facias against Holmes, as administrator of Elliott, upon a judgment obtained against Elliott, in his life-time; the defendant pleaded, that lie had fully administered by discharging certain judgments (setting them forth,) obtained against Elliott himself, and by payment of public taxes.
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Goosely sued a scire facias against Holmes, as administrator of Elliott, upon a judgment obtained against Elliott, in his life-time; the defendant pleaded, that lie had fully administered by discharging certain judgments (setting them forth,) obtained against Elliott himself, and by payment of public taxes. Replication, that the defendant had not fully administered; nor paid the judgment stated in his plea; and that he had goods and chattels at the lime of the institution of the suit, sufficient to pay the plaintiff’s debt; which he prayed might be enquired of by the country, &e. But, no…
1Opinion of the Court
ROANE, Judge.
The first judgment rendered in the Court of Hustings in this cause, was, that the plaintiff recover 124l. 14s. 6¼.
As this judgment is reversed, and I think rightly, by the District Court, it, is no farther material to be considered, at present, than as it is referred to in the special verdict rendered on the second 1 rial.
That verdict finds for the plaintiff, “ according to the former judgment, ” i. e. as it might be supposed, that the plaintiff’ should recover the sum awarded him by that judgment, viz: 124l. 14s. 6d.; but, the jury go on to find *372for the plaintiff 70l. 4s. 1½…
2Cases cited3 opinions
- Edwards v. StateWashington Supreme Court · 1891
- Fairfax's v. FairfaxSupreme Court of the United States · 1809
- Siglar and Nall, Administrators of William Nall, Deceased, in Error v. John Haywood, Public Treasurer of the State of North Carolina, in ErrorSupreme Court of the United States · 1823