Brumbaugh v. Wissler's Ex'or
Supreme Court of Virginia
This case was decided at the September term 1873 of the court, but was not then directed to be reported. It is now reported by request of counsel, and the direction of the judges. This was an action of assumpsit in the County court of Shenandoah, brought in May 1868, by J. Brumbaugh against John Wissler, to recover compensation for care and attention to his property at Columbia furnace during the war.
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This case was decided at the September term 1873 of the court, but was not then directed to be reported. It is now reported by request of counsel, and the direction of the judges. This was an action of assumpsit in the County court of Shenandoah, brought in May 1868, by J. Brumbaugh against John Wissler, to recover compensation for care and attention to his property at Columbia furnace during the war. It appears that Wissler was a Union man, and in 1862 left the state and made an arrangement with Brumbaugh to attend to and take care of his property. On the trial the jury found a verdict in…
1Opinion of the Court
BOUUDIN, J.,
delivered the judgment of the court. .
This day came again the parties by their attorneys, and the court having maturely considered the transcript of the record of the judgment aforesaid, and the arguments *449of counsel, is of opinion that the objection taken at the bar, that the judgment"appealed from in this case was not a final judgment, and that the writ of error was therefore improvideutly awarded, is untenable. The court is of opinion that the judgment was such a final judgment as is the subject of a writ of error. The judgment of the County court, reviewed by the Circuit court,…
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