Bowles' Ex'or v. Elmore's Adm'x
Supreme Court of Virginia
In September 1837, the administratrix of David Elmore deceased, instituted an action of debt against the executor of Eyddal Bowles deceased, in the Circuit court for the county of Henrico and city of Richmond. The action was founded on a promissory note_ for 350 dollars, alleged to have been executed by Bowles to Elmore xon the 13th of June 1817 ; and which note was then in the possession of the defendant.
Read the full summary
In September 1837, the administratrix of David Elmore deceased, instituted an action of debt against the executor of Eyddal Bowles deceased, in the Circuit court for the county of Henrico and city of Richmond. The action was founded on a promissory note_ for 350 dollars, alleged to have been executed by Bowles to Elmore xon the 13th of June 1817 ; and which note was then in the possession of the defendant. In December 1837, the defendant appeared and pleaded “non detinet. ” In December 1842, the defendant was permitted to plead the statute of limitations, and file an account of offsets. To…
1Opinion of the CourtMoncijre, J.
In my view of this case it is unnecessary to decide whether the Court below erred in permitting the pleá of the act of limitations and list of offsets to be filed; being of opinion that it did not err in deciding the other questions which arose in the case.
I think the Court did not err in permitting the replication to the plea of the act of limitations to be amended. The demurrer to the original replication was sustained, solely because it contained no proferí in curiam of the covenant therein mentioned. After the demurrer was sustained the replication was amended by the insertion of the…
2Cases cited3 opinions
- Yesler v. City of SeattleWashington Supreme Court · 1890
- Lee v. Bank of the U. StatesSupreme Court of Virginia · 1838
- Hamlin's Administrator v. AtkinsonSupreme Court of Virginia · 1828
3Cited by4 opinions
- Hudson Motor Car Co. v. HertzCourt of Appeals for the Sixth Circuit · 1941
- Johnson's ex'x v. Jennings' adm'rSupreme Court of Virginia · 1853
- Archer v. WardSupreme Court of Virginia · 1853
- Snead v. ColemanSupreme Court of Virginia · 1851