Davidson v. Watts & Flint
Supreme Court of Virginia
Error to a judgment of the Corporation Court of the city of Buena Vista in an action of trespass on the case. Judgment for the plaintiffs. Defendant assigns error.
1Opinion of the CourtBuchanan, J.
The first error assigned is to the action of the court in sustaining the objection made to a plea to the jurisdiction of the court.
The plea was properly rejected by the court. It was pleaded by attorney. instead of in person, and thé settled rule of practice in this State is, that such a plea must be pleaded in proper person, and not by attorney. The reason usually assigned for such requirement is that an appearance by attorney is regarded as pleading by the leave of the court, and hence is an acknowledgment of its jurisdiction. Hortons & Hutton v. Townes, 6 Leigh 47; 4 Min. Inst. (1st ed.)…
2Cases cited3 opinions
- Kimball & Fink v. BordenSupreme Court of Virginia · 1897
- Langhorne v. CommonwealthSupreme Court of Virginia · 1882
- Taylor v. StateSupreme Court of Alabama · 1878
3Cited by10 opinions
- Bell v. CommonwealthSupreme Court of Virginia · 1937
- Burford v. CommonwealthSupreme Court of Virginia · 1942
- Smith v. CommonwealthSupreme Court of Virginia · 1931
- Mourikas v. VardianosCourt of Appeals for the Fourth Circuit · 1948
- Pace v. RichmondSupreme Court of Virginia · 1986
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