Difference between revisions of "Braxton v. Andrews"
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[[File:CallsReports1854V2BraxtonvAndrews.pdf|link=Media:CallsReports1854V2BraxtonvAndrews.pdf|thumb|right|300px|First page of the opinion [[Media:CallsReports1854V2BraxtonvAndrews.pdf|''Braxton v. Andrews'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Report of Cases Argued and Adjudged in the Court of Appeals of Virginia''], by Daniel Call. 3rd ed. Richmond: A. Morris, 1854.]] | [[File:CallsReports1854V2BraxtonvAndrews.pdf|link=Media:CallsReports1854V2BraxtonvAndrews.pdf|thumb|right|300px|First page of the opinion [[Media:CallsReports1854V2BraxtonvAndrews.pdf|''Braxton v. Andrews'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Report of Cases Argued and Adjudged in the Court of Appeals of Virginia''], by Daniel Call. 3rd ed. Richmond: A. Morris, 1854.]] | ||
__NOTOC__ | __NOTOC__ | ||
| − | [[Media:CallsReports1854V2BraxtonvAndrews.pdf|''Braxton v. Andrews'']], Call Vol. II 300 (1799),<ref>Daniel Call, ''[[Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia]],'' 3rd ed., ed. Lucian Minor (Richmond: A. Minor, 1854), 300.</ref> | + | [[Media:CallsReports1854V2BraxtonvAndrews.pdf|''Braxton v. Andrews'']], Call Vol. II 300 (1799),<ref>Daniel Call, ''[[Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia]],'' 3rd ed., ed. Lucian Minor (Richmond: A. Minor, 1854), 300.</ref> was a short case discussing whether a ''scire facias'' writ could be ordered against a Sergeant for escheating (reclaiming as state property) an individual’s estate. |
==Background== | ==Background== | ||
| − | Braxton appealed from the Court of Chancery to the | + | Braxton appealed from the Court of Chancery to the Court of Appeals, but died before his hearing. Since no one administered Braxton's estate, it was escheated to the city. A ''scire facias'' writ (a judicial writ requiring a defendant to appear in court and prove why an existing judgment should not be executed against him or her) was moved against the City Sergeant to revive the appeal. |
===The Court's Decision=== | ===The Court's Decision=== | ||
Revision as of 10:57, 1 December 2017
File:CallsReports1854V2BraxtonvAndrews.pdf
Braxton v. Andrews, Call Vol. II 300 (1799),[1] was a short case discussing whether a scire facias writ could be ordered against a Sergeant for escheating (reclaiming as state property) an individual’s estate.
Background
Braxton appealed from the Court of Chancery to the Court of Appeals, but died before his hearing. Since no one administered Braxton's estate, it was escheated to the city. A scire facias writ (a judicial writ requiring a defendant to appear in court and prove why an existing judgment should not be executed against him or her) was moved against the City Sergeant to revive the appeal.
The Court's Decision
The Court of Appeals dismissed the case.
See also
References
- ↑ Daniel Call, Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia, 3rd ed., ed. Lucian Minor (Richmond: A. Minor, 1854), 300.
