Moon's Administrator v. Wellford

Citations

• 84 Va. 34
• 4 S.E. 572
• 1887 Va. LEXIS 5

Syllabus

<p>1. Practice in Chancery—Mortgages—Foreclosures—Parties.—In suit to foreclose mortgage by corporation of all its assets, unsecured creditor, having got judgment since execution of mortgage, has a right by his petition, to become a party defendant.</p> <p>2. Idem.—Denial of petition—Remedy—Appeal.—Allowing or denying leave to become party, is matter of sound legal discretion; but the remedy for denial, is not mandamus, but appeal.</p> <p>3. Mandamus—Return—Objectionable matter.—Where in petition for mandamus against the judge, his fairness is impugned, and the return repels the charge as “ irrelevant and impertinent,” this court will not, though it does not sanction the objectionable matter either in petition or return, require said return to be purged on the motion of the petitioner.</p> <p>4. Idem—Mandamus—Appeal.—Though this court will deny the mandamus, yet it will allow the appeal alternatively prayed for in the petition.</p>