Harrison's Administrator v. Raines's Administratrix
Supreme Court of Virginia
On a trial of an action of Assumpsit in the Petersburg District Court, in behalf of the administratrix of the assignee of a bond, against the assignor, on the ground that the assignee had sued ,the obligor, obtained judgment, and issued execution, on which there was a return of “no effects;” the plaintiff on her part offered in evidence a record of the action so prosecuted by Allen Eaines, her intestate, in his lifetime; whereupon, the counsel for the defendant moved the…
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On a trial of an action of Assumpsit in the Petersburg District Court, in behalf of the administratrix of the assignee of a bond, against the assignor, on the ground that the assignee had sued ,the obligor, obtained judgment, and issued execution, on which there was a return of “no effects;” the plaintiff on her part offered in evidence a record of the action so prosecuted by Allen Eaines, her intestate, in his lifetime; whereupon, the counsel for the defendant moved the Court to instruct the Jury, that the plaintiff, in that action, had not used due diligence to recover the claim from the…
1Opinion of the Court
The cause was submitted without argument; and, on ihe Sth of March, 1817, the President pronounced the Court’s opinion., that the judgment be affirmed.
2Cited by3 opinions
- Tuley v. BartonSupreme Court of Virginia · 1884
- Ragsdale v. HagySupreme Court of Virginia · 1852
- Caton & Veale v. LenoxSupreme Court of Virginia · 1827