Dunlap v. Dillard & McCorkle

Citations

• 77 Va. 847
• 1883 Va. LEXIS 119

Syllabus

<p>1. Attachments—Vacation order—Construction of statutes.—The power given any circuit judge in vacation, under the act of 28th February, 1866, amending Code 1860, ch. 151, $ 6 (see Code 1873, ch. 148, § 6), to quash or dismiss an attachment, conflicts not with and repeals not any other provision of that chapter, and was intended to give the defendant a speedy and summary remedy where he has a clear defence; and to have the attachment quashed or dismissed if, in the opinion of the judge, it was sued out without sufficient cause.</p> <p>2. Idem—Idem—Idem.—The judgment in vacation, under said § 6, refusing to quash or dismiss the attachment, is not final, and does not supersede the defendant’s right to make defense, at the trial in term, against the attachment in any respect, under $§ 21, 22 and 23 of said chapter.</p> <p>3. Idem—Order for delivery.—The court’s order for the defendant’s delivery of the attached and replevied property to the sheriff, should be reasonable as to the time and place of such delivery.</p>