Horner v. Marshall's Administratrix
Supreme Court of Virginia
Gustavus B. Homer presented a Will to the Chancellor for the Richmond District, praying an Injunction to stay proceedings on the two Judgments obtained against him, for defamation, by Charles Marshall and by Charles Marshall and wife, which, after the death of the said Marshall, had been revived by actions of debt, instituted by his widow and administratrix.
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Gustavus B. Homer presented a Will to the Chancellor for the Richmond District, praying an Injunction to stay proceedings on the two Judgments obtained against him, for defamation, by Charles Marshall and by Charles Marshall and wife, which, after the death of the said Marshall, had been revived by actions of debt, instituted by his widow and administratrix. The grounds of Equity stated in the Bill were, in .substance, that the complainant, at the time of speaking the wards, for which the actions of slander were brought, and when the Judgments were obtained, was in a state of partial mental…
1Opinion of the Court
Chancellor Taylor refused, but the President of the Court of Appeals
(JUDGES ROANE, BROOKE, and CABEBB concurring, JUDGE COABTER being absent,)
granted the Injunction.
The cause was heard on the Bill, Answer, Exhibits and Examinations of Witnesses, by which the allegations in the Bill in relation to the partial mental derangement of the complainant, were amply supported; it appearing that, on the subject, to which the defamatory words related, he was insane, though his mind was sound in other respects. It appeared, also, in evidence, that Marshall refused to release the Judgments to Horner;…
2Cited by9 opinions
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- Withrow v. SmithsonWest Virginia Supreme Court · 1893
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Hiett v. ShullWest Virginia Supreme Court · 1892
- Yeates v. ReedIndiana Supreme Court · 1838
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