Va. Fire & Marine Ins. v. Buck & Newson
Supreme Court of Virginia
Errol’ to judgment of circuit court of Montgomery county, rendered November 25th, 1890, in the action on a policy of insurance wherein Buck & Hewson, were plaintiffs, and the appellant, the Yirginia Eire and Marine Insurance Company, was defendant.
1Opinion of the CourtIIinton, J.
This was an action on the case in assumpsit on a policy of insurance. Issue was joined on the plea of non-assumpsit, and the defendant company, in accordance with a practice common in the circuit courts of this state, obtained leave to file special pleas within sixty days.
The effect of granting leave to file these pleas in the clerk’s office is two-fold: It gives the defendant additional time within which to plead, and it gives the plaintiff' timely notice of the defence to be set up, and thus prevents surprise and delay at the succeeding term. In these respects the practice is convenient. It…
2Cases cited8 opinions
- Stout v. City Fire Insurance Co. of New HavenSupreme Court of Iowa · 1861
- O'Niel v. . the Buffalo Fire Ins. Co.New York Court of Appeals · 1849
- May v. Buckeye Mutual InsuranceWisconsin Supreme Court · 1870
- Schmidt v. Peoria Marine & Fire InsuranceIllinois Supreme Court · 1866
- Fant v. MillerSupreme Court of Virginia · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Chesapeake & Ohio Railway Co. v. RisonSupreme Court of Virginia · 1900
- Thacker v. Hubard & Appleby, Inc.Supreme Court of Virginia · 1918
- Columbia Accident Ass'n v. RockeySupreme Court of Virginia · 1896
- Nat'l Union Fire Ins. Co. v. FalcianiNew Jersey Superior Court Appellate Division · 1965
- Yellow Poplar Lumber Co. v. ChapmanCourt of Appeals for the Fourth Circuit · 1896
17 more not listed; retrieve them via the Exa API.