McCormack, Anderson v. McCormack, Admr. of William, etc.: Chancery Cause, Halifax County (Part 10 of 16)
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Virginia: In the County Court of Franklin, in the case of William McCormack plaintiff against Anderson McCormack and others defendants, the following proceedings were had previous to the removal of the cause to the Circuit Superior Court of Law and Chancery for the said county, to wit: In Court, June 9 1824 - " On the motion of William McCormack by his counsel who filed his bill, an injunction is awarded him to restrain Otey Hopkins a constable from proceeding to sell a negro girl slave named Matilda taken by him to satisfy divers executions put into his hands in behalf of Melchizadeck Early and Moses Payne and others against Anderson McCormack, until the further order of the Court, on his giving bond and security according to law" (see Bill enacted A & Injunction bond marked B.) In the Clerks office - June 16th 1824 - Subpoena in Chancery & Injunction issued. (see Subpoena & Injunction marked C.) In Court March 10 1826 - Answer filed for the Defendant Anderson McCormack, & general replication by plaintiff (see answer marked D.) At Rules. September 1826 - "Set for hearing on plaintiffs motion against the defendant Anderson McCormack." In Court, March 4 1829 - "The plaintiff in this cause hath departed this life, and this suit is revived in the name of John S. Burwell, Sheriff of this County, and as such administrator of the plaintiff." In Court March 5 1839 - "On the motion of the Defendant Anderson McCormack by counsel, it is ordered that this cause be removed to the Circuit Superior Court of Law and Chancery of this County, to be there proceeded in and tried, agreeably to the Act of Assembly, in such case made and provided, it appearing to the Court that this suit has been pending here more than one year." And, in the Circuit Superior Court of Law and Chancery for the said county of Franklin, in the same cause, the following proceedings were had to wit: In Court, May 9th 1840 - "This cause having been removed to this Court by an order of the County Court of this County, it is ordered to be docketted in this Court, and continued till the next term." In Court, February 9 1841 - "The bill of the plaintiff in this cause being considerably worn and mutilated, so that the contents thereof cannot be well understood by the court, it is ordered that the Clerk of this Court copy or transcribe the same as well as he conveniently can, and file the said copy among the original papers in the cause, see copy Bill marked E. In Court - May 12 1842 - "On the motion of the Defendant Anderson McCormack by Counsel, leave is granted him to file a cross Bill