Rowt's adm'x. v. Kile's adm'r.
Supreme Court of Virginia
This case had been here before; when this court reversed a judgment of the circuit court of Frederick for the appellee against the appellant, and directed a new trial. See Gilm. 202. It was a suit brought by the administrator of Fanny Kile against the administratrix of John Rowt, upon an instrument hearing date January 3. 1807, signed and sealed by John Rowt, and attested by Robert Kile, Richard Staige, and William Rowt. The material plea was non est factum.
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This case had been here before; when this court reversed a judgment of the circuit court of Frederick for the appellee against the appellant, and directed a new trial. See Gilm. 202. It was a suit brought by the administrator of Fanny Kile against the administratrix of John Rowt, upon an instrument hearing date January 3. 1807, signed and sealed by John Rowt, and attested by Robert Kile, Richard Staige, and William Rowt. The material plea was non est factum. At the second trial, Rowt's adm’x. filed a bill of exceptions to opinions of the circuit court; which stated, 1. That, after he had…
1Opinion of the CourtCarr, J.
The first point presented to and decided by the circuit court, was this simple and general proposition, Whether on die plea of non est factum, it be proper to submit to the jury, papers proved to .have been written by the *222party whose hand-writing is in contest, that the jury, by a comparison of those papers with the instrument before it, may decide whether it be genuine or forged ? It was indeed attempted in the argument here, to found some reliance on the antiquity of the paper; but that wholly fails; for the paper bears date January 3d 1807, and the suit was brought in 1815: and the…
2Cited by25 opinions
- State v. HendersonWest Virginia Supreme Court · 1886
- Hanley v. GandyTexas Supreme Court · 1866
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Strader v. GoffWest Virginia Supreme Court · 1873
- Carlton, Chamberlain & Co. v. MaysWest Virginia Supreme Court · 1875
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