Legal Opinion

Garland v. Richeson

Court of Appeals of Virginia

Decided May 27, 1826PublishedCited by 18 opinions

This was an appeal from the Superior Court of Law for the county of Amherst Hudson M. Garland brought an action of covenant against John Richeson, for the benefit of Samuel Garland, The instrument, on which the action was brought. was a paper signed and sealed by the defendant, by which he bound himself to pay to Hudson M. Garland, for his services as an attorney, as much money as two persons, therein named, -hould certify, by endorsement on the said instrument, that the…

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This was an appeal from the Superior Court of Law for the county of Amherst Hudson M. Garland brought an action of covenant against John Richeson, for the benefit of Samuel Garland, The instrument, on which the action was brought. was a paper signed and sealed by the defendant, by which he bound himself to pay to Hudson M. Garland, for his services as an attorney, as much money as two persons, therein named, -hould certify, by endorsement on the said instrument, that the said services were worth; This instrument was assigned to James Garland, and aftei wards assigned by him to Samuel Garland.…

1Opinion of the Court

Judge Carr.

I have carefully examined the reasoning and the authorities relied on by my brother Green, in this case; and I have come to the conclusion, that upon precedent and authority, he is right. At the same time, I must say, that I believe the Legislature intended to give the assignee the legal title; and if-this were res integra, I should strain bard to effectuate that intention. In the actual state of things, it is safest stare decisis, and leave it to the Legislature to explain their intention, or express their will. I concur.

*268Judge Green.

This case turns upon the question, whether the…

2Cases cited1 opinion

  1. Banner v. MayWashington Supreme Court · 1891

3Cited by18 opinions

  1. Stebbins & Lawson v. BruceSupreme Court of Virginia · 1885
  2. Wallace v. LeroyWest Virginia Supreme Court · 1905
  3. Western v. HodgsonDistrict Court, S.D. West Virginia · 1973
  4. Brown v. ChambersSupreme Court of Alabama · 1848
  5. Ragsdale v. HagySupreme Court of Virginia · 1852

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