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EVANS v. JOYNER

77 S.E.2d 420 (1953)

195 Va. 85

EVANS v. JOYNER et al.

Supreme Court of Appeals of Virginia.

Rehearing Denied October 15, 1953.

Attorney(s) appearing for the Case

L. Grafton Tucker, Lovingston, for plaintiff in error.

Paul Whitehead, Asst. Atty. Gen, D. Gardiner Tyler, Jr., Richmond, D. H. Kizer, Jr., Lynchburg, for defendants in error.

Before HUDGINS, C.J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH and WHITTLE, JJ.

HUDGINS, Chief Justice.

This is a controversy between successive assignees of the sum of $875 deposited by Withers Scofield Essex with the Commissioner of the Division of Motor Vehicles under the provisions of Code, § 46-436, as security for the payment of any claim filed, or judgment obtained, against Essex growing out of an automobile accident in which he was involved on November 5, 1949. No claim was filed with the Commissioner, nor was any action instituted...

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