¶1There has been no instance of an .order of publication, against an absent defendant, without original process ; and the practice has always been to issue process, to revive, as well against the absent as home defendants; and then to make publication, in order to a revival of the suit; and so this case was revived accordingly.
4 Va. 412
Yates v. Payne
Decided September 15, 1808
Virginia Chancery Court · decided 1808-09-15
THE counsel for the plaintiff stated that the plain- , . ' ‘ * tiff was dead, and submitted to • the Court, whether, as some of the defendants live out of the Commonwealth, in the name of the plaintiff’s executor, against them, to review, he necessary.
Decided 1808-09-15