Watkins v. Hopkins' ex'or
Supreme Court of Virginia
This was an action of debt upon a bond for five hundred dollars in the Circuit court of Louisa county, brought in June 1854 by James P. Hopkins’ executor against Robert B. Watkins. The defendant appeared and tendered five special pleas, which were objected to by the plaintiff, and rejected by the court; and the defendant excepted. The substance of the pleas are stated in the opinion of Judge Lee.
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This was an action of debt upon a bond for five hundred dollars in the Circuit court of Louisa county, brought in June 1854 by James P. Hopkins’ executor against Robert B. Watkins. The defendant appeared and tendered five special pleas, which were objected to by the plaintiff, and rejected by the court; and the defendant excepted. The substance of the pleas are stated in the opinion of Judge Lee. There was then a judgment for the plaintiff for the amount of the bond and interest. And thereupon Watkins applied to this court for a supersedeas, which was allowed.
1Opinion of the CourtLee, J.
The pleas tendered by the plaintiff in error appear to be five in number and they were all rejected by the court; and the question here is were they all properly so rejected.
The fifth plea consists of a specification of items and the several amounts thereof, which the party claimed, with a general averment that the defendant in error was indebted to him in the same by way of offset. The items claimed are however' all of an equitable character going to the consideration of the bond sued on, and could not constitute the subject of an offset under the general law of offsets, and the plea fails…
2Cases cited1 opinion
- Shiflett v. Orange Humane SocietySupreme Court of Virginia · 1851
3Cited by10 opinions
- Mangus v. McClellandSupreme Court of Virginia · 1895
- Watkins v. West Wytheville Land & Improvement Co.Supreme Court of Virginia · 1895
- Williamson v. ClineWest Virginia Supreme Court · 1895
- Kinzie v. Riely's ExecutorsSupreme Court of Virginia · 1902
- Fisher v. BurdettWest Virginia Supreme Court · 1883
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