McDowell's Ex'or v. Crawford
Supreme Court of Virginia
This was an action of debt in the Circuit court of Augusta county, brought by Hugh John Crawford against the executor of John McDowell deceased. The action was founded upon a bond ; and the plea was non est factum, upon which the issue was made up.
Read the full summary
This was an action of debt in the Circuit court of Augusta county, brought by Hugh John Crawford against the executor of John McDowell deceased. The action was founded upon a bond ; and the plea was non est factum, upon which the issue was made up. Upon the trial the plaintiff introduced m evidence a bond in the following terms: "$2000. One day after date, I promise to pay or cause to be paid unto Hugh J. Crawford or order, two thousand dollars, for borrowed money, with legal interest from date; to which payment well and truly to be made, I bind myself, my heirs, administrators, executors,…
1Opinion of the CourtSamuels, J.
In my opinion it appears with sufficient clearness that the account of Crawford’s administration on the estate of John C. Sowers, and the books of Crawford, respectively, afforded evidence relevant *to the issue, and were therefore improperly excluded from the jury. I deem it unnecessary, in this ease, and therefore improper, to express an opinion whether a judgment in any case should be reversed unless error appears in the proceedings ; or whether a judgment should be reversed because the record leaves it doubtful whether the court below did or did not err. With this explanation, I concur…
2Cases cited6 opinions
- Carrington v. BennettSupreme Court of Virginia · 1829
- Rowt's adm'x. v. Kile's adm'r.Supreme Court of Virginia · 1829
- Fowler v. LeeSupreme Court of Virginia · 1815
- Barrett & Co v. TazewellCourt of Appeals of Virginia · 1798
- Raines v. Philips ex'or.Supreme Court of Virginia · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gwynn v. SchwartzWest Virginia Supreme Court · 1889
- George v. PilcherSupreme Court of Virginia · 1877
- State v. LoweWest Virginia Supreme Court · 1883
- Harman v. CundiffSupreme Court of Virginia · 1886
- Rosenbaums v. Weeden, Johnson & Co.Supreme Court of Virginia · 1868
10 more not listed; retrieve them via the Exa API.