Tennant v. Dunlop
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of the city of Petersburg, pronounced February 5, 1897, in a suit in chancery, wherein the appellants were the complainants, and the appellee was the defendant.
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Appeal from a decree of the Circuit Court of the city of Petersburg, pronounced February 5, 1897, in a suit in chancery, wherein the appellants were the complainants, and the appellee was the defendant. This suit was instituted by the children of D. B. Tennant, who were legatees under his will, against the executrix of said Tennant, and David Dunlop, charging a devastavit by said executrix, procured by said Dunlop; and praying that Dunlop might be required to account to the estate of said Tennant for the actual value of the interest of said Tennant in the good-will, brands, and labels of the…
1Opinion of the CourtRiely, J.
The ground of the d,emurrer is an alleged inconsistency between the original and amended bills, wherefore both, it is asserted, are demurrable and no relief can be given under either of them.
It is further asserted that the amended bill is a radical departure from the original bill and makes a new case; that this is not allowable under the rules and practice of equity pleading, and is a valid ground of demurrer to the amended bill.
The original bill sets forth the sale by the executrix of D. B. Tennant, deceased, to the appellee, David Dunlop, of the interest of her testator in the good-will…
2Cases cited29 opinions
- Richmond v. IronsSupreme Court of the United States · 1887
- Brooks v. MartinSupreme Court of the United States · 1864
- Graffam v. BurgessSupreme Court of the United States · 1886
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- Glen & Hall Manufacturing Co. v. HallCommission of Appeals · 1874
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3Cited by28 opinions
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- Smith v. MillerSupreme Court of Virginia · 1900
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