Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-11-18
sHERIFFs RETURN, &c.
Ramsbury VS.. Kline. Reversed Op'ii'

p,r,sbur, vs.. Kline. Reversed. Opinion
H 5oti,so Of motion at October term lSgI'
IN set aside a Judgment AWARDED Apii''
',rSc Writ was never served on Cathe-
rine NJ. Kline, one of the detenoani I.s..o,.
% q,hat the Judgment was for interest,"
from September LIST ana DeCeIiIoiiI 1ec I'M,
instead of from SEPTEMBER anu
Ibat the notes were joint and several,
.vecIted bv {. c.. j. s., and CatheIlnS
81 Kline and no separate dctiOi a.
NM NM iesvine out the said c. G. Kline.
The Judgment was set aside ana APP
H,rld:f. Unless the false return was pro co
cured or Endorsed by the plalnulI, OF ne
r.n be connected with the deception ~
g. error 10 admit evidence teh1ihs ~
fl.ifv and contradict the return OF an
officer. showing that summons baS pSt 90
C,,i,, evoc11tcd Preston vs.. klndrlcE' "a
Va 760. No distinction can be urSMn
It,veen This case and that. nor can theIe
Is anv valid reason for having one rue
t,urbing the sanctity Of an o1nceI re
turn In a chancery cause anu dIoS Js.., - -
a common-law case. The proceeding -
Uninportant: its evil is the object sought
The interest was adjudged from the
dates on which the notes were uuS, ~
stead of from the last day OF SIdNSS
drnr,rre Of RI cents. which plaintin OF
,'l5d 80 release of record. and was re-
fused De minimis lex non cuL h. rlo,r.
b Whether or not II be true ihat pl"5 az
ti0 had no right of action against =; NJ
and L s Kline. unless sued WIN y VI;
Kline. Il furnished no independent siot iiil
Cor 10 court's action. No evidence coulo
- irtroduced on this subject untll the
Judgment had been SET asioe Se anu ayaiIed Of
Tho error. if any, could not oe aN1 l,,,oo,i
oronnd for declaring the judgment
,,oid INIT could only be resorted TO as
,rstter OF defence after the hrst JudslheH'
had been set aside
SUMMARY.
Bv Judge James keith' -. go,
National Bank vs.. WALTON, On'N''
o. Page county. keNerSeu, .uuooa Com
Norfolk and Western. Railroad Com
pany vs.. Graham HusuhgS No"i %
noke city. Reversed. -. ole
Pcrer et ais, VS.. Ferguson ct az
Hastings Court Of Roanoke Guy
filmed. -, Home Mn
tual Fire-Insurauce company 10. ~
Court of Rockingham county heFe' %.
nv Judee II. IL. Cardwell-Snyoer "
cra,aeraW From the Circuit Court
Shenandoah county. Affirmed MN.
Russell Creek Coal Company Vs. W.
Circuit Court OF Wise county heE 49,
NV Judge John a. Buchanan, - l 'ii'
Wolfe q Co, VS.. Pringle q nan -
Court Of Rockingham county. am li, NJ nli,,
Realty vs.. Downing e. co. CIRCUIT |oN'
Of Warren county. Affirmed. ~.
BY Judge George NJ. Harrisonghp1 nna
burg rs. Kline. Circuit Court OF hoo'
ingham county. Reversed. 60.
CARRIER VI. sutton Circuit Noui'
Rockingham county. Affirmed. 80,
Pennybacker vs.. Maupin. etc. CnoS
Court Of Rockingham county. ArlIi u'.o
camn VS.. Bruce Argued by Jackso
Guy f6r appellant and ty r. H. ka"i'
and r. r. Boykin for appellee ana coz
tnuCd until to-day. MI,
The next cases to be called are r rig,
VS.. Hutter. and Haffner VS.. Snes'p'a'
and Ohio Railway Company nos. O.. o.
on the argument docket bolt st',,d
poa,d ~ Veterinary Examiners. Mano
mus denied. and petition dismissed
Bradley, etc, VS.. Roberts, ETC. hus''h