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6 Va. 416

Mackey v. Fuqua

Court of Appeals of Virginia

Decided October 16, 1800

Court of Appeals of Virginia · decided 1800-10-16

The writ of supersedeas in this case, was returned by the Sheriff, “ a copy left;” and the questions were, whether this return was sufficient to enable the plaintiff to proceed to a hearing? or, whether actual service on the defendant was necessary ?

Decided 1800-10-16

The Court took time to consider, and then made the following order:
The Court being of opinion, that in giving notice of the writ awarded at the last Court, the Sheriff ought to have pursued the mode prescribed by the act of Assembly, *417for giving notice upon replevy bonds and other lawful occasions,* (which does not appear to have been observed, from his general return of a copy left.) On the motion of the plaintiff, by his counsel, another writ of supersedeas is awarded him, returnable hero at the next Court/’

¶1[* Act Dec. 1792, c. 76, § 42, R. C. ed. 1803.]

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