
    Chisholm v. Anthony.
    In the Fall Vacation, 1807.
    Equity Practice — Service of Writ on Wrong Person - Waiver of Objection. — If, by a mistake of the sheriff, a writ be served on. a wrongr person; but such, person makes no defence at law; suffers judgment to go against him by default; execution having issued, gives a forthcoming bond; and, after-wards, delays the plaintiff by appealing from a judgment on that bond; he is not entitled to relief in equity.
    The bill in this case was brought to be relieved against a judgment at law obtained under these circumstances : David Chisholm the elder gave his note payable to Anthony for upwards of $100, on which a suit was brought in the County Court of Henrico. The sheriff, supposing the writ to be against David Chisholm, junior, executed it upon him : he made no defence, and a judgment was obtained by default against him ; an execution issued, and a forthcoming bond was given, by him and one of his brothers ; upon which likewise a judgment was obtained. An appeal was taken to the District Court, where the judgment was *affirmed ; and from that Court to the Court of Appeals, where that judgement of affirmance was itself affirmed.
    The testimony did not vary the case ; and, at the September Term, 1806, this Court dissolved the injunction, and, in March, 1807, dismissed the bill with costs upon a hearing.
   The Chancellor was not applied to for an appeal, which (as he has since informed the ^Reporters) he would have refused. An application was therefore made to the Judges of the Court of Appeals, in vacation, who unanimously refused it.  