Barnett v. Barnett
Supreme Court of Virginia
Appeal from decree of circuit court of Montgomery county, entered May 20th, 1886, in a cause wherein Thomas M. Barnett and K. C. Kidd were complainants and John Wm. Barnett and Samuel C. Barnett were defendants. The object of the suit was to obtain relief against a Judgment rendered in the said court at its November term, 1884, in favor of the appellee, John W. Barnett, against the complainants in the bill, who were the appellants here.
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Appeal from decree of circuit court of Montgomery county, entered May 20th, 1886, in a cause wherein Thomas M. Barnett and K. C. Kidd were complainants and John Wm. Barnett and Samuel C. Barnett were defendants. The object of the suit was to obtain relief against a Judgment rendered in the said court at its November term, 1884, in favor of the appellee, John W. Barnett, against the complainants in the bill, who were the appellants here. The judgment was founded upon a certain writing obligatory, executed by the appellants, a copy of which was exhibited with the bill, and which was as follows:…
1Opinion of the Court
Lewis, P.,
(after stating the case) delivered the opinion of the court. -
1. Upon the theory that the appellants acted merely as agents in the transactions mentioned in the bill, it is very clear that the suit cannot be maintained. For if this theory be founded upon fact (and the bill alleges that it is), and if it also be true, as alleged, that at the time the writing upon which the judgment is founded was executed, the understanding between the parties was that it *508was to liave no validity as an obligation, but was to be used merely as a blind, or, in the language of one of the appellants in…
2Cases cited4 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Hudson v. KlineSupreme Court of Virginia · 1852
- Dey v. MartinSupreme Court of Virginia · 1883
3Cited by24 opinions
- Shenandoah Valley R. R. v. DunlopSupreme Court of Virginia · 1889
- Whittaker v. Southwest Va. Improvement Co.West Virginia Supreme Court · 1890
- Dobie v. Sears, Roebuck & Co.Supreme Court of Virginia · 1935
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Morse v. KogleSupreme Court of Kansas · 1947
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