Wilson v. Spencer
Supreme Court of Virginia
This is an action of debt, brought in the county court, by the appellee, upon a single bill. The defendants pleaded two pleas, stating, in substance, that that bill was given to the president of an unchartered bank, established contrary to the provisions of the statutes in such case made and provided, and that it was given in consideration of bank notes, emitted by the said bank, in equal violation of those statutes.
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This is an action of debt, brought in the county court, by the appellee, upon a single bill. The defendants pleaded two pleas, stating, in substance, that that bill was given to the president of an unchartered bank, established contrary to the provisions of the statutes in such case made and provided, and that it was given in consideration of bank notes, emitted by the said bank, in equal violation of those statutes. These pleas were demurred to, and the facts therein stated, are consequently admitted. The county court gave judgment for the plaintiff, on the demurrer, and that judgment was…
1Opinion of the Court
In making a further declaration, in the act of 1816, that notes, bills &c. issued contrary to its provisions, should be null and void, it cannot be inferred, that those made contrary to the act of 1805, are valid. The suspension of the former act does not necessarily carry with it, the repeal or suspension of the latter: nor did a particular provision of the act of 1816, § 7, specially prohibiting suits, by the banks therein contemplated, interfere with similar prohibitions, resulting on general principles of law, from the inhibitions contained in the act of 1805. A suspension of the act of…
2Cited by24 opinions
- Oliver Co. v. Louisville Realty Co.Court of Appeals of Kentucky · 1913
- Shippey v. EastwoodSupreme Court of Alabama · 1846
- McGehee v. LindsaySupreme Court of Alabama · 1844
- Sliman v. MooreSupreme Court of Arkansas · 1939
- Brown v. WylieWest Virginia Supreme Court · 1868
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