Legal Opinion

Booth v. Dotson

Supreme Court of Virginia

Decided June 25, 1896PublishedCited by 10 opinions

Error to a judgment of the Circuit Court of Wise county, rendered April 20, 1894. On a motion to dismiss the writ of error. After the writ of error had been awarded in this case, the defendant in error appeared and pleaded “ that before the commencement of these appellate proceedings, to wit, on the- day of-, 18—, the alleged plaintiff in error departed this life.”

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Error to a judgment of the Circuit Court of Wise county, rendered April 20, 1894. On a motion to dismiss the writ of error. After the writ of error had been awarded in this case, the defendant in error appeared and pleaded “ that before the commencement of these appellate proceedings, to wit, on the- day of-, 18—, the alleged plaintiff in error departed this life.” This plea was supported by the affidavit of the defendant in error, and the fact pleaded was admitted by counsel for plaintiff in error, but was sought to be avoided by the admitted fact that on the day before his death, to wit,…

1Opinion of the CourtCardwell, J.

George A. Booth instituted his action of debt in the Circuit Court of Wise county against N. B. Dotson, on a judgment for $1,328.00 recovered by Booth against Dotson before the court of common pleas of Defiance county, Ohio, and at the trial, at the April term of the Circuit Court, 1894, the verdict and judgment was in favor of the defendant.

April 5,1895, a petition was presented to one of the judges of this court, on behalf of Booth, for a writ or error and supersedeas to the judgment of the Circuit Court, which was awarded.

Upon the calling of the case in this court a motion is made by…

2Cases cited2 opinions

  1. Hotchkiss v. Commercial Mutual InsuranceThe Superior Court of New York City · 1863
  2. Phares v. Saunders's Adm'rWest Virginia Supreme Court · 1881

3Cited by10 opinions

  1. Martin v. MartinWest Virginia Supreme Court · 1903
  2. Rennolds v. WilliamsSupreme Court of Virginia · 1927
  3. Jackson's Administrator v. Wickham & NorthropSupreme Court of Virginia · 1911
  4. Williams' Administrator v. DeanCourt of Appeals of Virginia · 1925
  5. Poff v. PoffSupreme Court of Virginia · 1920

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