Osborne v. Cabell

Decided April 26, 1883

Supreme Court of Virginia · decided 1883-04-26

Appeal of John J. Osborne to decree of chancery court of the city of Richmond, rendered against him on 14th June, 1879, in a chancery suit therein pending, wherein Henry O. Oabell was plaintiff, and Francis J. Barnes, Edward D. Hitchcock and the said John J. Osborne were defendants. The facts of the case and the object of the suit are fully indicated in the syllabus and stated in the opinion of the court.

Good law ✅— No negative treatment on recordhow we know

Decided 1883-04-26

How this case has been cited

Cited by 28 later decisions — most recently January 1954 · most notably Thacker v. Hubard & Appleby, Inc. (1918), Thompson v. Miller (1954)

1 federal appellate · 1 district · 25 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Lewis, P., and Richardson, J.,

¶1dissented.

¶2The decree is as follows:

¶3The court is of opinion, for reasons stated in writing and filed *469with the record, that the said chancery court erred in failing to dismiss the bill of the plaintiff as to the appellant, Osborne, and in failing to abate the attachment issued and levied on the real estate of said Osborne. It is therefore decreed and ordered that the said decree be reversed and annulled, and that the appellees, the plaintiffs in the court below, pay to the appellant his costs by him expended in the prosecution of his appeal and supersedeas here. And this cause is remanded to the said chancery court with instructions to dismiss the plaintiffs’ bill as to said defendant, Osborne, and to abate the attachment issued and levied on said Osborne’s real estate, and to render such other decree as it may deem proper in conformity with the views in said written opinion expressed.

¶4Decree reversed.