Tomkies v. Walters

Court of Appeals of Virginia

Tomkies v. Walters

10 Va. 44

DecidedApril 15, 1806

StatusPublished

This text of 10 Va. 44 (Tomkies v. Walters) 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

Tomkies v. Walters, 10 Va. 44 (Va. Ct. App. 1806).

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Opinion

In ejectment the district court gave judgment for the defendant j and the plaintiff appealed to this court. Pending the appeal here, the appellee died; and now Warden, for the appellant, prayed a writ of scire facias against the heirs of the decedent, insisting that there was no difference, in this respect, between an ejectment and any other action.

But the court refused the writ, saying that the plaintiff must bring a new suit.

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In ejectment the district court gave judgment for the defendant j and the plaintiff appealed to this court. Pending the appeal here, the appellee died; and now Warden, for the appellant, prayed a writ of scire facias against the heirs of the decedent, insisting that there was no difference, in this respect, between an ejectment and any other action.

But the court refused the writ, saying that the plaintiff must bring a new suit.

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Bluebook (online)

10 Va. 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tomkies-v-walters-vactapp-1806.