Keel & Roberts v. Herbert's Executors

Court of Appeals of Virginia

Keel & Roberts v. Herbert's Executors

1 Va. 172

DecidedOctober 15, 1792

StatusPublished

This text of 1 Va. 172 (Keel & Roberts v. Herbert's Executors) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Keel & Roberts v. Herbert's Executors, 1 Va. 172 (Va. Ct. App. 1792).

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Opinion

A supersedeas in this cause was obtained against Herbert, who afterwards, and before service .of the writ, died. This Court, on motion, awarded a new supersedeas against the executors, which was executed. But the Court afterwards quashed it, and awarded a scire facias to hear errors against the executors ; being of opinion, that the second supersedeas, could not be considered as a continuing process, but a new one, and therefore, that the executor could not sue upon the bond first given for prosecuting the supersedeas.

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A supersedeas in this cause was obtained against Herbert, who afterwards, and before service .of the writ, died. This Court, on motion, awarded a new supersedeas against the executors, which was executed. But the Court afterwards quashed it, and awarded a scire facias to hear errors against the executors ; being of opinion, that the second supersedeas, could not be considered as a continuing process, but a new one, and therefore, that the executor could not sue upon the bond first given for prosecuting the supersedeas.

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Bluebook (online)

1 Va. 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keel-roberts-v-herberts-executors-vactapp-1792.