[Download] "William Ross and Henry King, Plaintiffs in Error v. James S. Duval and Others" by United States Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: William Ross and Henry King, Plaintiffs in Error v. James S. Duval and Others
- Author : United States Supreme Court
- Release Date : January 01, 1839
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 89 KB
Description
IN error to the Circuit Court of the United States for the Eastern District of Virginia. On the 7th of December, 1821, James S. Duval, Lewis Duval, and John Rheinhart obtained a judgment against William Ross. A writ of fieri facias was issued on the judgment, on the 10th of January, 1822, which was never returned. No other execution was issued on the judgment until the 11th of August, 1836. A capias ad satisfaciendum was then sued out, and executed on the body of Ross, who gave up property in discharge of his body, and entered into a bond with Henry King as surety for the forthcoming of the property, on the day and at the place of sale. This bond was forfeited, and a motion was made upon it for an award of execution the award of execution was opposed on the ground of the lapse of time between the rendition of the judgment and the award of execution, in August 1836; and it was insisted that the execution had issued illegally, and that the same, as well as the forthcoming bond taken under it, ought to be quashed.