Sawyer v. Corse
Supreme Court of Virginia
This was an action on the case in the Circuit court of Alexandria county, brought in February, 1854, by John D. Corse against Frederick P. Sawyer, to recover an amount of money lost out of the mail between Alexandria and Washington, on a route on which Sawyer was the mail contractor. The declaration contained three counts.
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This was an action on the case in the Circuit court of Alexandria county, brought in February, 1854, by John D. Corse against Frederick P. Sawyer, to recover an amount of money lost out of the mail between Alexandria and Washington, on a route on which Sawyer was the mail contractor. The declaration contained three counts. In the first, after stating that Sawyer was the contractor for carrying the mail on the route between Alexandria and Washington, and that the plaintiff had deposited a sealed letter, containing $988 in bank notes, in the post office at Alexandria, to be carried by the mail…
1Opinion of the CourtJoynfs, J.
The judgment in this case was rendered against Sawyer, who was defendant in the court below, upon a case agreed by the parties. He now contends that the judgment must be reversed, because it does not appear from the record that he had filed any plea. But this objection cannot be sustained. A case may be submitted to the court on a case agreed without a plea as well as with one, and it is sometimes done without either declaration or plea. The defect of pleadings is cured by the agreement. When there is a declaration and no plea, as in the present case, the plaintiff’s cause of action, as set…
2Cited by27 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Wilson v. City of WheelingWest Virginia Supreme Court · 1882
- Jones v. City of WilliamsburgSupreme Court of Virginia · 1900
- Orme v. City of RichmondSupreme Court of Virginia · 1884
- Baltimore & Ohio Railroad v. FaulknerWest Virginia Supreme Court · 1870
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