Gray's Administratrix v. Berryman
Supreme Court of Virginia
Lucy Gray, administratrix of William Gray, on the tenth day of September, 1800, sued out a subpoena in chancery, from the Court of Caroline County, against Newton Berry-t't i t man. Un the ninth day or July, 1806, the cause came on to be heard, and it appearing to the court that they had no ju~ risdiction, as the plaintiff might have had relief at tey, the bill was therefore dismissed, for want of jurisdiction.
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Lucy Gray, administratrix of William Gray, on the tenth day of September, 1800, sued out a subpoena in chancery, from the Court of Caroline County, against Newton Berry-t't i t man. Un the ninth day or July, 1806, the cause came on to be heard, and it appearing to the court that they had no ju~ risdiction, as the plaintiff might have had relief at tey, the bill was therefore dismissed, for want of jurisdiction. On the eleventh day of.the same month, (July 1806,) she brought her 1 v ° action of assumpsit in the same County Court. The decíaration was for money laid out and expended, for money…
1Opinion of the Court
the president pronounced the court’s opinion, that there is no error in the judgment aforesaid of the Superior Court of law, so far as it reverses that of the County Court; but that the same is erroneous in not proceeding to enter such judgment as the County Court ought to have given. (1)
Both judgments reversed, and judgment entered, that the ppellant take nothing, See. and that the appellee go thereof vithoutday, and recover against the appellant the costs in he Superior Court oflaw and County Court.
Note. See Mantz v. Hendley, 2 H. & M. p. 308 pl. 5 and p. 318
2Cited by5 opinions
- Tompkins v. Pacific Mutual Life InsuranceWest Virginia Supreme Court · 1903
- Lamson v. HutchingsCourt of Appeals for the Seventh Circuit · 1902
- Varick v. EdwardsNew York Court of Chancery · 1840
- Dawes v. New York, Philadelphia & Norfolk R. Co.Supreme Court of Virginia · 1899
- Catlett's ex'or v. RussellSupreme Court of Virginia · 1835