Smith's adm'r v. Betty
Supreme Court of Virginia
The first of these cases was a suit in equity in the Circuit court of Hanover county, instituted by Betty and others suing in forma pauperis against William C. Smith in his life time, and revived against his personal representative, to recover their freedom.
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The first of these cases was a suit in equity in the Circuit court of Hanover county, instituted by Betty and others suing in forma pauperis against William C. Smith in his life time, and revived against his personal representative, to recover their freedom. The bill was filed in January 1835, and set out, that William Gooch, late of the county of Hanover, the father of several of the plaintiffs, the children of Betty, being an unmarried man, and being anxious to secure to the plaintiffs, to whom he stood in the relation of a master, but particularly to Betty and her children, the full…
1Opinion of the CourtDaniel, J.
In the case of Pryor v. Adams, 1 Call 382, this court held, that it was its duty, in reviewing a decree founded on the verdict of a jury, rendered on an issue out of chancery, to look to the state of the proofs existing at the time when the issue was ordered; and, if satisfied that the chancellor had improperly exercised his discretion in directing the issue, to render a decree, notwithstanding the verdict, according to the merits, as disclosed by the proofs, on the hearing when the issue was ordered. The rule has been followed in several cases since, and in the recent case of Wise v. Lamb, 9…
2Cases cited2 opinions
- Pryor v. AdamsCourt of Appeals of Virginia · 1798
- Wise v. LambSupreme Court of Virginia · 1852
3Cited by32 opinions
- Vangilder v. HoffmanWest Virginia Supreme Court · 1883
- Coyle v. B. & O. R. R.West Virginia Supreme Court · 1877
- Moore v. Chicago, St. Louis & New Orleans RailroadMississippi Supreme Court · 1881
- Brock's v. BrockSupreme Court of Virginia · 1895
- Stevens v. DuckettSupreme Court of Virginia · 1907
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