Governor for Liggatt v. Withers
Supreme Court of Virginia
This was an action at law brought in the Circuit Court of the town of Lynchburg, in the name of the Governor for the benefit of Alexander Liggatt against Charles A. Withers and his sureties, upon a bond executed by him as inspector of tobacco at Lynch’s warehouse in the town of Lynchburg, in the year 1829-30. The defendants appeared and pleaded “ conditions performed upon which plea issue was joined.
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This was an action at law brought in the Circuit Court of the town of Lynchburg, in the name of the Governor for the benefit of Alexander Liggatt against Charles A. Withers and his sureties, upon a bond executed by him as inspector of tobacco at Lynch’s warehouse in the town of Lynchburg, in the year 1829-30. The defendants appeared and pleaded “ conditions performed upon which plea issue was joined. By the act of February 18th, 1823, the rent payable on each hogshead of tobacco “ received, inspected, stored and delivered at Lynchs warehouse, was sixty cents, to be paid to the inspector,…
1Opinion of the CourtAllen, J.
This Court is of opinion, that the custom existing among the inspectors of tobacco in the town of Lynch-burg, connected with evidence of knowledge and acquiescence on the part of the relator, as set forth in the bill of exceptions taken to the admission of testimony, would have been a good defence to the action, if the same had been relied on by a special plea; and under the circumstances of this case and the conduct of the parties at the previous trial, it would have been proper, and still will be proper, to give the defendant leave, if asked for, to make such defence by pleading the same…
2Cited by6 opinions
- Hansbrough v. Neal, Featherston & Co.Supreme Court of Virginia · 1897
- Oriental Lumber Co. v. Blades Lumber Co.Supreme Court of Virginia · 1905
- Scott's v. ChestermanSupreme Court of Virginia · 1915
- Norwood v. Alamo Fire InsuranceCourt of Appeals of Texas · 1896
- Grass v. Big Creek Development Co.West Virginia Supreme Court · 1915
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