Legal Opinion

Hairston v. Cole

Supreme Court of Virginia

Decided May 15, 1823PublishedCited by 9 opinions

This was an ejectment brought in the superior court of Henry county, by Cole against Hairston. At the trial, the plaintiff offered in evidence, a manuscript, purporting to be the copy of an act of the General Assembly of Virginia, the title whereof is in these words, “ an act to suspend in “ part, the operation of the act concerning escheats and “ forfeitures from British subjects, and for other purposes.”

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This was an ejectment brought in the superior court of Henry county, by Cole against Hairston. At the trial, the plaintiff offered in evidence, a manuscript, purporting to be the copy of an act of the General Assembly of Virginia, the title whereof is in these words, “ an act to suspend in “ part, the operation of the act concerning escheats and “ forfeitures from British subjects, and for other purposes.” The defendant objected to the introduction of this evidence; but, the court overruled his objection, and permitted this paper to go to the jury. The defendant excepted. The jury found a…

1Opinion of the Court

May 20.

Judge Brooke,

delivered the opinion of the court:

The statement in the bill of exceptions, that a manuscript purporting to be a copy of an act of the General As*462semUy of Virginia, entitled an act, &c. is too imperfect to enable the court to pronounce any opinion thereon, it not being stated that the said copy was authenticated, and how authenticated, nor is the said manuscriptsetout in the bill .-of exceptions. The judgment is therefore reversed, and the cause remanded for a new trial.

2Cited by9 opinions

  1. Barrett & Co v. TazewellCourt of Appeals of Virginia · 1798
  2. McDowell's Ex'or v. CrawfordSupreme Court of Virginia · 1854
  3. Harmon v. ThorntonIllinois Supreme Court · 1840
  4. McDowell's ex'or v. CrawfordSupreme Court of Virginia · 1854
  5. McDowell's ex'or v. CrawfordSupreme Court of Virginia · 1854

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