New River Mineral Co. v. Painter
Supreme Court of Virginia
Error to a judgment of'the Hustings Court of the city of Radford, rendered December 18, 1900, in an action of trespass on the case wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The witness who made the map referred to in paragraph 3 of the syllabus was not a surveyor or engineer. He was a lawyer.
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Error to a judgment of'the Hustings Court of the city of Radford, rendered December 18, 1900, in an action of trespass on the case wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The witness who made the map referred to in paragraph 3 of the syllabus was not a surveyor or engineer. He was a lawyer. This suit was brought to the first June Rules, 1893. The premises alleged to have been injured are situated at Ivanhoe, and the witness testified that he had lived at Ivanhoe from July, 1890, till January, 1896; that he was acquainted with the…
1Opinion of the Court
Buchanan, J.,
delivered the opinion of the .court.
William M. Painter instituted his action of trespass on the case to recover damages for injuries to his property resulting from an overflow of water, sediment and mud thrown upon his premises by the Hew Biver Mineral Company.
I. The refusal of the court to quash the return of the sheriff upon the process issued upon the amended declaration is the first error assigned. Before the defendant made its motion to quash, it had appeared and consented to a continuance of the ease. Objections which do not go to the substance of an action are treated as…
2Cases cited3 opinions
- Reusens v. LawsonSupreme Court of Virginia · 1895
- Harvey v. SkipwithSupreme Court of Virginia · 1863
- Snyder v. HarperWest Virginia Supreme Court · 1884
3Cited by53 opinions
- Richmond Redevelopment & Housing Authority v. Laburnum Construction Corp.Supreme Court of Virginia · 1954
- P. Lorillard Co. v. ClaySupreme Court of Virginia · 1920
- Federal Land Bank v. BirchfieldSupreme Court of Virginia · 1939
- Vines v. BranchSupreme Court of Virginia · 1992
- Standard Paint Co. v. E. K. Vietor & Co.Supreme Court of Virginia · 1917
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