Herrington v. Harkins's adm'rs
Supreme Court of Virginia
On the 6th of April 1835, James W. Clemens administrator and Elizabeth Harkins administratrix of William Harkins deceased, commenced an action of debt in the circuit court of Norfolk borough against John Herrington. The declaration demanded 1250 dollars with interest thereon from the 20th day of August 1817, and 8 dollars 75 cents costs of suit.
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On the 6th of April 1835, James W. Clemens administrator and Elizabeth Harkins administratrix of William Harkins deceased, commenced an action of debt in the circuit court of Norfolk borough against John Herrington. The declaration demanded 1250 dollars with interest thereon from the 20th day of August 1817, and 8 dollars 75 cents costs of suit. The first count set forth that William Harkins in his lifetime, to wit, on the 20th of August 1817, at the August term of the court of the county of Ohio in the state of Virginia, recovered against the defendant the sum of 1250 dollars with interest,…
1Opinion of the CourtAllen, J.
The only question of interest in this case is whether the statute of limitations was a bar to the recovery. The defendant, improperly as it appears to me, attempted to rely on the statute of limitations by a general demurrer. This was overruled. But the defence was presented by an informal plea, to which there was an equally informal replication, concluding to the country, when in fact the pleadings presented a mere question of law. There was a verdict for the plaintiffs, and judgment. This judgment I consider as a decision of the court upon the law; and if correct, it ought not to be…
2Cited by8 opinions
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- Bloss v. PlymaleWest Virginia Supreme Court · 1869
- Johnson v. BlackSupreme Court of Virginia · 1905
- Lawrence v. CommonwealthSupreme Court of Virginia · 1890
- Bantz v. BasnettWest Virginia Supreme Court · 1877
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