Bashaw's Administrator v. Wallace's Administrator
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Augusta county, pronounced December 28, 1901, in a suit in chancery wherein the appellant, Bashaw’s administrator, was the complainant, and the appellees were the defendants. The decision of this case was rested by the trial court in large measure upon the appearance of the bond itself, and the same is true of the decision in this court.
Read the full summary
Appeal from a decree of the Circuit Court of Augusta county, pronounced December 28, 1901, in a suit in chancery wherein the appellant, Bashaw’s administrator, was the complainant, and the appellees were the defendants. The decision of this case was rested by the trial court in large measure upon the appearance of the bond itself, and the same is true of the decision in this court. The conclusions of this court upon that subject sufficiently appear in the opinion of the court. The commissioner to whom the case was referred by the trial court thus summarizes in his second report the evidence…
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
The bill in this case was filed in the Circuit Court of Augusta county against the widow, the administrator, and the heirs at law of B. IST. Wallace, deceased, to collect the money alleged to be due upon a bond which is in the words and figures following:
“$1,100.00. June 23rd, 1879, 18.
“One day after date we promise to pay to the order of D. Bashaw or executor or heirs, &c., one thousand and one hundred 00-100 dollars at home without defalcation value received. And without relief from the Homestead Exemption law or any other.
“Statutory laws as to…
2Cases cited1 opinion
- Consumers Ice Co. v. JenningsSupreme Court of Virginia · 1902
3Cited by2 opinions
- Webb v. Trent'sSupreme Court of Virginia · 1934
- Oliver v. HinesDistrict Court, E.D. Virginia · 2013