Petty v. Frick Co.

Citations

• 86 Va. 501
• 10 S.E. 886
• 1890 Va. LEXIS 11

Syllabus

<p>1. Attachment—Return— Order of publication.—Where before an attachment is returned “ executed,” an order of publication was made, and the order was not posted by the clerk at the front door of the court-house on the first day of the court next after it is entered, the attachment should be abated. Code 1887, secs. 2979 and 3231.</p> <p>2. Pe aotice at common law— Trial without an issue—Jeofails—Where in action of assumpsit, no plea has been filed, the only question is the quantum of damages, and that only after an order of enquiry of damages, it is error to allow defendant to cross-examine the witnesses and demur to the evidence, and such error is not cured by the statute of jeofails which does not cure a total want of issue.</p> <p>3. Idem—Rule upon certificate of evidence.—Such case is not a proper one for applying the rule that when upon survey of whole record, judgment appears substantially right, it will be affirmed, though there may have been error in progress of the cause not operating to prejudice the appellant.</p> <p>4. Idem--Special appearance—No waiver.— Appearance to move to quash attachment on account of irregular service of process, is not such appearance to the action as waives alleged defects.</p>