Legal Opinion

Jones v. Finch

Supreme Court of Virginia

Decided December 1, 1887PublishedCited by 14 opinions

Error to judgment of circuit court of city of Richmond, rendered June 28th, 1886, in an action of trespass on the case, wherein the plaintiff in error was plaintiff, and the defendant in error was defendant. The action was brought December 3d, 1885. The declaration contained four counts. The first two counts are for an alleged slander. The third is for an alleged libel. The fourth is for an alleged malicious prosecution.

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Error to judgment of circuit court of city of Richmond, rendered June 28th, 1886, in an action of trespass on the case, wherein the plaintiff in error was plaintiff, and the defendant in error was defendant. The action was brought December 3d, 1885. The declaration contained four counts. The first two counts are for an alleged slander. The third is for an alleged libel. The fourth is for an alleged malicious prosecution. The first three counts are for matters alleged to have taken place in the county of Mecklenburg, in this State, where both parties resided. Said fourth count is for a matter…

1Opinion of the CourtRichardson, J.

The action of the circuit court in overruling the plaintiff’s demurrer to the defendant’s plea in abatement' to the first three counts in the declaration, and in sustaining said plea, and in dismissing the plaintiff’s action as to those counts, was clearly correct. Indeed, in this particular, it is not claimed, in the plaintiff’s petition for writ of error, that there was error.

The only assignment of error is as to the action of said cir*206cuit court in sustaining the demurrer to the fourth count in the declaration and in dismissing the plaintiff’s action as to said fourth count.

This, then, is…

2Cases cited2 opinions

  1. Scott v. ShelorSupreme Court of Virginia · 1877
  2. Womack v. CircleSupreme Court of Virginia · 1879

3Cited by14 opinions

  1. McElroy v. Catholic Press Co.Illinois Supreme Court · 1912
  2. Grorud v. LosslMontana Supreme Court · 1913
  3. Bekkeland v. LyonsTexas Supreme Court · 1903
  4. Bailey v. GollehonWest Virginia Supreme Court · 1915
  5. Bigelow v. SicklesWisconsin Supreme Court · 1891

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