Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-12-08
statute of Limitations.

The statute of limitations with refer
ence to judgments is discussed by Judge
Rely. in the case Of ROwe's adminlstfa-
tors VS.. Hardys administrators, from the
Circuit Court of Gloucester county.
The Judgment referred to was obtained
i'm the Circuit Court of Gloucester county
at its October term, 1863, ana a WIFI OF
fieri facias issued upon ii on NOVEMBER
q. 1869 returnable to February rules, 1870.
IL went into the hands Of the Sheriff or
Gloucester county on December ~, 1893,
and while in his hands IL was endorsed
by the attorneys for the plaintiff as fol-
lows: '"The Sheriff is hereby directed 10
return this execution, without levying II;
January g. 1870. Donovan d Page, y q.
in pursuance of this order, IL was en-
dorsed by the officer as follows: Return
this execution by order of the attorney
for the plaintiff. j. c. Rowe, ID. for J. J..
Waterman, $. G.. c.; and on March -
1870. it was filed in the Clerk 5 office,
from which ii issued.
BY sections Y and 13 chapter l6. OF the
Code Of 1860 a judgment Is barred after
the lapse of ten years from the return
day of an execution, on which there is
no return by an officer" but scire
facias, or action, may be brought within
twenty years from the return day Of an
execution, on which there is such re-
turn.
In the account Of debts ordered by the
court to be taken in this cause by one Of
its commissioners, the Judgment in con-
reported as 81 debt against the estate OF
the intcstate of the appellants by the
commissioner on November TO- 1856, which
was less than twenty years from the re-
turn day of the execution issued upon It,
and also less than twenty years-about
seventeen years-from the date Of the
judgment
1t is objected that the statutory bar to
the judgment IS ten and not twenty
years. because the return endorsed on
the execution by the officer Is not such
return to keep alive the judgment as is
contemplated by the statute, but that the
officer should have returned whether the
money was or could not be made, or ii
there were only part thereof which was
or could not be made, he should have re-
turned the amount Of such part. This
however, Is not the only sufficient return
winch the officer can make His return
may also be of the existence of such a
state OF facts as. without fault or negli-
Sence on his part, prevented cOmpli-
ance with the mandate of the writ. re-
turn on writ or process is the short
official statement Of the officer endorsed
thereon of what he has done i'm obedience
TO the mandate Of the writ, or why he
has done nothing He may have been pre-
vented from oheying the mandate of the
writ by an Injunction or by a superse-
IDEAS. or by the order of the plaintin' or
his attorney directing him 10 hold il up
or to return ii to the Clerks Office with
out leVying il. \ return of any of fhese
facts, endorsed upon the writ. is a suffi-
cient return. 3 Blackstone's Com. 273: 2
Bouvier's Law Die, NS: Freeman ON
Ex., sections S55 and $50; Herman on Elk,
section 231, Mckenneys executors VS.
Waller. Leigh f3i; State VS.. Bradley. CT
Conn. 1868; McCrory VS.. Chafiin. 1 Swan.
3y'; kaken VS.. Boyd. Sneed, 2o5; Union
Bank VS.. Barnes. 10 Humph. PA: State
vs.. Mcdonald. 9 Humph. COO; and Patton
vs.. Mari, Bush. Law, 81
The opinion concludes by affirming the
decision OF the Circuit Court
4 Observation-Disclosures Case.
In Saunders vs.. Coleman. from the Cir
cult Court of Lancaster county, Judge
Harrison delivered the opinion. reversing
the case.
This is an action brought by the plain
tiff TO recover damages for an alleged
breach .y the defendant of his promise
o. marry fef on the 9th day OF April.
1898 In December. 1897, the defendant
a man 50 years OF age, received from
Miss Gle q uce Gee ran. the plaintiff, who
was 70 years old. Christmas card. The
defendant had met plaintiff only once
nearly three years before, though in the
mean time he had sent her messages
through mutual friends. A correspond
ence between the parties followed. which
resulted in his visiting her in Princess
Ammo comfy on If Iont.a,,