Backhouse's Ex'x v. Selden
Supreme Court of Virginia
Robert C. Selden brought an action of. debt in the circuit court of the county of Gloucester against John W. Backhouse, who was co-obligor with Thomas U, Taylor and Fielding L. Taylor, on a bond in these words and figures, to-wit: Victoria, Texas, February 3d, 1860. $3,000. Two days after date, we promise to pay to the order of Robert C..Selden, with interest at the -rate of ten per centum per annum, three thousand dollars and • — ■— cents, for value received, to which…
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Robert C. Selden brought an action of. debt in the circuit court of the county of Gloucester against John W. Backhouse, who was co-obligor with Thomas U, Taylor and Fielding L. Taylor, on a bond in these words and figures, to-wit: Victoria, Texas, February 3d, 1860. $3,000. Two days after date, we promise to pay to the order of Robert C..Selden, with interest at the -rate of ten per centum per annum, three thousand dollars and • — ■— cents, for value received, to which payment we *bind ourselves, heirs, executors, administrators and assigns. Witness our hands and seals. Thomas R. Taylor,…
1Opinion of the CourtAnderson, J.
The court is of opinion, that the whole matter of fact and law in this case having been submitted to the court, neither party requiring a jury, and the judgment of the court being upon the evidence which is certified in the bill of exceptions as all the evidence in the cause, the bill of exceptions must be regarded as a demurrer to the evidence, by the plaintiff in error. Hodge’s ex’or v. First Nat. Bank, Richmond, 22 Gratt. 51; Dodson v. Culpepper, *23 Gratt. 352. And the plaintiff in error, the. exceptor, must be taken to have admitted, as in case of a demurrer to evidence, all that could be…
2Cases cited2 opinions
- Hodge's Ex'or v. First Nat. BankSupreme Court of Virginia · 1872
- Tutt v. Slaughter's adm'rSupreme Court of Virginia · 1849