Slaughters v. Farland's

Citations

• 31 Va. 134

Syllabus

<p>1. S brings debt against W, the maker, and II and F, endorsers 0f a negotiable note. There is an office judgment at rules against all the defendants. At the next rules, office judgment confirmed as to W and H; death of F suggested. At the next term of the court there is judgment against W and II. Afterwards scire facias issued and served on F’s executrix to reverse the action, and she appears and pleads nil debit, and obtains continuance; and this is repeated. There are three trials, and verdict in her favor—Held : That F’s executrix, not having made any question in the court below as to the revival of the suit against her by scire facias,, she must be held to have waived the question, and she cannot make it in the appellate court.</p> <p>2. The certificate of the notary that he gave notice of protest of note for non-payment sent by mail to the place of residence of endorser whilst there was a mail communication between the place of starting and the residence, though not by the direct route, held to be sufficient evidence of notice.</p>