Powell v. Manson
Supreme Court of Virginia
This is the sequel of the eases of Magill v. Manson and Same v. Manson $ al, which are reported in 20 Gratt. 527. When the causes went back to the Chancery court of Richmond, that court, in pursuance of the decree of this court, made an oi’der directing a jury to be summoned to try at its bar the issue—“ Whether the said Elizabeth Magill was or was not influenced, in giving the bond for twenty-six hundred and thirty-six dollars, in the proceedings mentioned, to said Manson,…
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This is the sequel of the eases of Magill v. Manson and Same v. Manson $ al, which are reported in 20 Gratt. 527. When the causes went back to the Chancery court of Richmond, that court, in pursuance of the decree of this court, made an oi’der directing a jury to be summoned to try at its bar the issue—“ Whether the said Elizabeth Magill was or was not influenced, in giving the bond for twenty-six hundred and thirty-six dollars, in the proceedings mentioned, to said Manson, by any misrepresentation of fact, fraudulent or otherwise, made by the said Manson, to the said Magill, or to John F.…
1Opinion of the CourtStaples, J.
An issue out of chancery is directed, in doubtful matters of fact, to satisfy the conscience of the court. It is not adopted as a substitute for omitted evidence, but in cases of doubt and difficulty produced by a conflict of testimony. In such cases, the chancellor considers the purposes of justice will be better attained by an investigation before a jury, where the witnesses may be seen by the triers of the fact, their capacity, deportment, accuracy and sources of information, subjected to the tests of a public cross-examination, and the whole merits of the controversy more satisfactorily…
2Cases cited2 opinions
- Fant v. MillerSupreme Court of Virginia · 1867
- Burwell v. CorbinSupreme Court of Virginia · 1822
3Cited by17 opinions
- Fishburne & Wife v. Ferguson's HeirsSupreme Court of Virginia · 1887
- Repass v. RichmondSupreme Court of Virginia · 1901
- Corder v. TalbottWest Virginia Supreme Court · 1878
- Reed v. Axtell & MyersSupreme Court of Virginia · 1887
- Snouffer's Adm'r v. HansbroughSupreme Court of Virginia · 1884
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