Finney v. Clark

Citations

• 86 Va. 354
• 10 S.E. 569
• 1889 Va. LEXIS 49

Syllabus

<p>1. Judgment—No service of process.—“Legal service” of summons against defendant was accepted by his son without his knowledge or authority: held, there was no legal sendee on defendant, and the judgment was void.</p> <p>2. Idem— Chancery—Injunction— Case at bar. —Defendant applied to chancery court to enjoin the collection of said judgment, but raised no issue as to themerits. Plaintiff in his answer raised such issue. Thecourtof itsown motion, in vacation, made an order that a commissioner take an account of any set-offs of defendant against plaintiff in the action at law. Commissioner reported the judgment valid, and a decree was entered against defendant: held, the only question before the chancery court was the validity of the judgment, and it had no right to take jurisdiction of the merits of plaintiff’s claim.</p> <p>3. Idem—Nullity—Injunction.—Where for want of service of process judgment is void, collection of execution should be enjoined, the judgment vacated, and the cause remanded to be proceeded in at law by an alias summons properly served.</p>