Bier v. Dozier
Supreme Court of Virginia
This is a writ of error to a judgment of the late District court held at Fredericksburg, affirming a judgment of the Circuit court of Essex county, rendered in favor of the defendant in error, the plaintiff in the said Circuit court, William E. Dozier, against the plaintiffs in error, the defendants in the said Circuit court, B. Bier and S. Mann, who, with Samuel Strooke and L. Bowman composed a partnership firm, trading in the; name and style of S. Strooke & Co. The action…
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This is a writ of error to a judgment of the late District court held at Fredericksburg, affirming a judgment of the Circuit court of Essex county, rendered in favor of the defendant in error, the plaintiff in the said Circuit court, William E. Dozier, against the plaintiffs in error, the defendants in the said Circuit court, B. Bier and S. Mann, who, with Samuel Strooke and L. Bowman composed a partnership firm, trading in the; name and style of S. Strooke & Co. The action was in assumpsit. The declaration contained two counts, and was in substance as follows: The first count stated that the…
1Opinion of the Court
Moncure, P.,
after stating the case, proceeded:
First — Did the Circuit court err in refusing to give the instruction asked for by the defendants, as mentioned in their first bill of exceptions ?
This instruction was asked for after all the evidence had been given to the jury. All the facts proved by the evidence are certified by the court in the second bill of exceptions; and though none of the evidence or facts proved are set out in the first bill of exceptions, I will consider the question as to the propriety of giving the instruction therein mentioned in reference to the facts of the case,…
2Cases cited1 opinion
- Newton's ex'or v. BushongSupreme Court of Virginia · 1872
3Cited by3 opinions
- Dinwiddie County v. Stuart, Buchanan & Co.Supreme Court of Virginia · 1877
- Ford v. GregsonMontana Supreme Court · 1887
- Dinwiddie County v. Stuart, Buchanan & Co.Supreme Court of Virginia · 1877