3 Va. 50
Decided November 12, 1824
Supreme Court of Virginia · decided 1824-11-12
Ashby brought trespass against Kiger in the Circuit Court of Hampshire: and affidavit being duly made by Ashby’s agent, that the writ was sued out to recover mesne profits of land lying in Hampshire, belonging to Ashby, which Kiger had held for many years; that those profits amounted to $1000; and that there was good cause to believe, that Kiger would move out of the Commonwealth before the determination of the suit; thereupon, a justice of the peáce of Hampshire endorsed on…
Decided 1824-11-12
¶1delivered the judgment of the Court.
¶2The affidavit being full and a proper affidavit, and the cause of action being emphatically within the jurisdiction of the Superior Court, the Court is of opinion, that that Court erred in dismissing the suit. The judgment is therefore reversed, and the causo remanded for further proceedings.
¶3 Judges Cabell and Cabe, absent.