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COMMONWEALTH v. McNEELY

129 S.E.2d 687 (1963)

204 Va. 218

COMMONWEALTH of Virginia v. James F. McNEELY and Gay McNeely.

Supreme Court of Appeals of Virginia.

March 4, 1963.

Attorney(s) appearing for the Case

M. Ray Johnston, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., R. Crockett Gwyn, Jr., Marion, on brief), for plaintiff in error.

D. Burke Graybeal, Marion, for defendants in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

I'ANSON, Justice.

The Commonwealth of Virginia instituted this action against the defendants, James F. McNeely and Gay McNeely, to recover the sum of $5,800.36, alleging that they had removed and carried away certain fixtures attached to a restaurant building which they had sold by contract and conveyed by deed to the Commonwealth. A jury trial resulted in a verdict for the Commonwealth against both defendants in the amount of $2,772.11. The trial court set aside...

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