Legal Opinion

Spencer's Adm'r v. Field & Gray

Supreme Court of Virginia

Decided March 30, 1899PublishedCited by 6 opinions

Error to a judgment of the Circuit Court of Culpeper county, rendered March. 15, 1898, in an action of assumpsit, wherein the plaintiff in error was the plaintiff, and the defendants in error were the defendants.

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Error to a judgment of the Circuit Court of Culpeper county, rendered March. 15, 1898, in an action of assumpsit, wherein the plaintiff in error was the plaintiff, and the defendants in error were the defendants. Bills of Exception No. 1 and No. 2 were as follows: Bill of Exception No. 1. “ Be it remembered, that after this case was called, and before the jury was sworn, the defendants moved the court to withdraw the several pleas of non-assumpsit which they had filed separately, and which was accordingly done; and thereupon moved tlie court to permit them to file the general issjie of…

1Opinion of the CourtBuchanan, J.

The plaintiff in error instituted his action of assumpsit in the Circuit Court of Albemarle county to the second January Kules, 1897. At the following February term of the court, upon motion of Field, one of the defendants, the writ as to him was quashed, and the canse remanded to rules for new process. Upon motion of Gray, the other defendant, the office judgment was set aside and the plea of non-assumpsit filed, upon which issue was joined, leave given him to file additional pleas, and the cause continued. At the May term of the court, upon motion of Field, the office judgment entered…

2Cases cited1 opinion

  1. Lewis's Adm'r v. HicksSupreme Court of Virginia · 1898

3Cited by6 opinions

  1. Carpenter v. GraySupreme Court of Virginia · 1912
  2. Jackson v. DotsonSupreme Court of Virginia · 1909
  3. Price v. MarksSupreme Court of Virginia · 1904
  4. Dudley v. Carter Red Ash Collieries Co.Supreme Court of Virginia · 1919
  5. Levitin v. Norfolk National Bank of Commerce & TrustsSupreme Court of Virginia · 1934

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