¶1Let the decree be set aside as to the defendant who was dead at the time of the rendition thereof; but the answer of the absent defendant cannot be received, but upon paying down or giving security for the payment of such costs as the Court shall think reasonable, unless the plaintiff will consent that the answer may be filed without such security.
4 Va. 439
Hooe v. Barber
Decided June 15, 1809
Virginia Chancery Court · decided 1809-06-15
A MOTION was made by Mr. Botts, to set aside the 3 r , , decree of the last Court as to one of the defendants who was then dead, as now proved by an affidavit; and to fiie the answer of another defendant against whom there w*as a decree, as being out of the country.
Decided 1809-06-15