Wager v. Barbour
Supreme Court of Virginia
Error to judgment of circuit court of Culpeper county, rendered September 14th, 1885, in an action of debt wherein E. L. Wager, assignee of H. M. Wager, was plaintiff, and John S. Barbour and C. C. Beckham were defendants. The object of this action was to recover $1,000, with interest from May 1st, 1860, until paid, due by the bond. At the trial there was a verdict for the defendants. The plaintiff moved the court to set aside the verdict and grant him a new trial.
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Error to judgment of circuit court of Culpeper county, rendered September 14th, 1885, in an action of debt wherein E. L. Wager, assignee of H. M. Wager, was plaintiff, and John S. Barbour and C. C. Beckham were defendants. The object of this action was to recover $1,000, with interest from May 1st, 1860, until paid, due by the bond. At the trial there was a verdict for the defendants. The plaintiff moved the court to set aside the verdict and grant him a new trial. This motion the court overruled, and entered judgment in accordance with the verdict. Whereupon the plaintiff obtained a writ of…
1Opinion of the CourtLacy, J.
The first assignment of error is as to the action of the court in permitting James Barbour to testify in the case as a witness for the defendants to prove their plea of payment. The ground of this objection was that the said witness was interested in the result of the trial, and that the original obligee in the bond was dead, and incapable, therefore, of testifying. Our statute (Code 1873, ch. 172, § 21) provides that “ no witness shall be incompetent to testify because of interest.” The twenty-second section of said chapter, as amended by the act of April 2, 1877, (Acts 1877-78, ch. 256, §…
2Cases cited2 opinions
- Granger v. BassettMassachusetts Supreme Judicial Court · 1868
- Kent's adm'r v. Kent's adm'rSupreme Court of Virginia · 1877
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- Ragsdale v. HagySupreme Court of Virginia · 1852
- Claiborne v. ParrishCourt of Appeals of Virginia · 1795
- Claiborne v. ParrishCourt of Appeals of Virginia · 1795
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