Brockenbrough v. Ward's Administrator
Court of Appeals of Virginia
An appeal from the Superior Court of Law for Essex county. The administrator of Joshua Ward brought an action of assumpsit for money had and received, against Jins tin Brockenbrough. The defendant pleaded non assumpsit; and issue joined. At the trial, the defendant tendered a demurrer to the plaintiff’s evidence, and moved the Court to compel the plaintiff to join therein; but the Court overruled the motion, and the defendant excepted.
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An appeal from the Superior Court of Law for Essex county. The administrator of Joshua Ward brought an action of assumpsit for money had and received, against Jins tin Brockenbrough. The defendant pleaded non assumpsit; and issue joined. At the trial, the defendant tendered a demurrer to the plaintiff’s evidence, and moved the Court to compel the plaintiff to join therein; but the Court overruled the motion, and the defendant excepted. The evidence set forth in the demurrer is fully stated in the following opinion.
1Opinion of the Court
Judge Cabeel
delivered the opinion of the Court.*
This was an action on the case, for money had and received by Brockenbrough, the defendant, for the use of Ward’s intestate, the plaintiff in the Court below. On the trial, the defendant, Brockenbrough, tendered a demurrer to the testimony, and moved the Court to compel the plaintiff to join therein, which motion was over*353ruled by the Court; to which opinion, the defendant excepted. There was a verdict and judgment in favor of the plaintiff for $2,698, from which Brockenbrough appealed to this Court.
It was very fairly and properly admitted by the…
2Cited by15 opinions
- Boisseau v. Bass' AdministratorSupreme Court of Virginia · 1902
- Bier v. SmithWest Virginia Supreme Court · 1885
- Metropolitan Life Insurance v. RutherfordSupreme Court of Virginia · 1898
- Allemong v. Augusta National BankSupreme Court of Virginia · 1904
- Snodgrass v. WolfWest Virginia Supreme Court · 1877
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