Ross v. Colville & Co

First page of the opinion Ross v. Colville & Co, in Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia, by Daniel Call. 3rd ed., ed. Lucian Minor. Richmond: A. Morris, 1854.

Ross v. Colville & Co, 7 Va. (3 Call) 382 (1803), was a case involving performance of a decree by a defendant in prison.

Background

Chancellor Wythe granted Colville & Co. writs of sequestration to enforce Ross’s performance in a previous decree. Ross requested to appeal to the Court of Appeals regarding the matter stating that he could not perform because he was in jail. Chancellor Wythe allowed the appeal despite the plaintiff's opposition.

The Court's Decision

The Court of Appeals affirmed the ruling. It found that the defendant did not place upon the record the rationale of the Court of Chancery showing good cause for issuing the writ, so it was presumed to be satisfactory. The defendant's objections were also found to be unsatisfactory.

See also

• Wythe's Judicial Career