W. W. V. Co. v. Black
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Richmond, in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error.
1Opinion of the CourtBuchanan, J.
This case is here upon a writ of error to the action of the circuit court in overruling the demurrer to the declaration.
There are three counts in the declaration. The demurrer is to the whole declaration, and is based upon the ground that the first count is to recover damages for breach of a contract, and the others to recover damages for a tort; and that there was, therefore, a misjoinder of causes of action.
It is not true, as argued by the counsel for the defendant in error, plaintiff in the. trial court, that a misjoinder of actions cannot be taken advantage of by demurrer unless it be to…
2Cases cited6 opinions
- Spence v. Norfolk & Western RailroadSupreme Court of Virginia · 1895
- People Ex Rel. Burnham v. . FlynnNew York Court of Appeals · 1907
- Horney v. NixonSupreme Court of Pennsylvania · 1905
- Gary v. Abingdon Publishing Co.Supreme Court of Virginia · 1897
- Taylor v. CohnOregon Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wright v. EverettSupreme Court of Virginia · 1956
- Marrone v. Washington Jockey ClubSupreme Court of the United States · 1913
- Picture Lake Campground, Inc. v. Holiday Inns, Inc.District Court, E.D. Virginia · 1980
- Scott v. YoungCourt of Appeals for the Fourth Circuit · 1970
- Finnesey v. Seattle Baseball Club, Inc.Washington Supreme Court · 1922
6 more not listed; retrieve them via the Exa API.