Cottrell v. Watkins
Supreme Court of Virginia
Appeal from two decrees of circuit court of Henrico county, rendered on the 1st and 18th days of December, 1891, respectively, in the cause wherein John W. Cottrell and Harriet Ann, his wife, were complainants, and Charles T. Watkins, and John S. Wise and T. M. Logan, trustees, were defendants.
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Appeal from two decrees of circuit court of Henrico county, rendered on the 1st and 18th days of December, 1891, respectively, in the cause wherein John W. Cottrell and Harriet Ann, his wife, were complainants, and Charles T. Watkins, and John S. Wise and T. M. Logan, trustees, were defendants. The ease made by the bill is as follows : In the year 1873, and for some time prior thereto, one Joseph B. Cottrell, a brother of the plaintiff, John W. Cottrell, was engaged in the business of a wholesale and retail coal merchant in the city of Richmond, and in the latter part of that year failed in…
1Opinion of the Court
Richardson, J.,
(after stating the case,) delivered the opinion of the court.
The first and main question in the case is, Did the court below err in its said decree of December 1st, 1891, sustaining, the demurrer of the defendants to the bill of the plaintiffs, and in dismissing the said bill? This question can receive none other than an affirmative answer. It is unquestionably true that the plaintiffs’ hill is inartificially drawn ; but the real question is, not as to the mere form, but as to the substance of the case presented by the original and amended bills. Throwing aside all mere…
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