Staples v. Turner Adm'r
Supreme Court of Virginia
This case was argued at Wytheville, but was decided at Richmond. It was a bill filed in the circuit court of Patrick county by Samuel G. Staples, to enjoin Murray *Turner, administrator of Rufus Turner, deceased, and others, from proceeding in two actions brought in said court against the plaintiff by said Turner for the benefit of Hardin W. Reynolds and James H. Rangely. The injunction was granted on the plaintiff’s confession of judgments in the cases.
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This case was argued at Wytheville, but was decided at Richmond. It was a bill filed in the circuit court of Patrick county by Samuel G. Staples, to enjoin Murray *Turner, administrator of Rufus Turner, deceased, and others, from proceeding in two actions brought in said court against the plaintiff by said Turner for the benefit of Hardin W. Reynolds and James H. Rangely. The injunction was granted on the plaintiff’s confession of judgments in the cases. The plaintiff in his bill states, that at the instance of Murray Turner, administrator of Rufus Turner, deceased, a partial settlement was…
1Opinion of the CourtAnderson, J.
The court is of opinion that the decree of the circuit court of September, 1872, directing an account, is erroneous in not requiring the individual and the executorial account of Samuel G. Staples to be stated separately. And the report of the commissioner, for the same reason, *is erroneous. The said accounts are blended in the statement made by the parties, which is the foundation of the suits at law; but in that alleged settlement, it appears upon the face of the paper, that any errors in calculations and of papers admitted, were to be corrected, and that appellant was only bound for what…
2Cases cited1 opinion
- Great Falls Man. Co. v. Henry's Adm'rSupreme Court of Virginia · 1874