Harvey v. Skipwith
Supreme Court of Virginia
This was an action on the case in the Circuit court of the city of Richmond, by Robert Skipwith and others aSa™s^ Eobert Harvey. The declaration was filed at July rules 1858, and contained two counts. InitEobert Skipwith, George FT. Skipwith, ¥m. M. Skipwith and ^ames Whittle administrator of Cornelia L. Whittle deceased, who was Cornelia L. Skipwith, complain of Eobert Harvey, &c.
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This was an action on the case in the Circuit court of the city of Richmond, by Robert Skipwith and others aSa™s^ Eobert Harvey. The declaration was filed at July rules 1858, and contained two counts. InitEobert Skipwith, George FT. Skipwith, ¥m. M. Skipwith and ^ames Whittle administrator of Cornelia L. Whittle deceased, who was Cornelia L. Skipwith, complain of Eobert Harvey, &c. For that heretofore, &c., the plaintiffs were the owners and proprietors of the reversion of a slave named Jefferson, in which Mary Skipwith held a life estate; and that the defendant had hired the said slave from…
1Opinion of the CourtDaniel, J.
The demurrer was properly overruled. *403There is no misjoinder of counts. Each of the counts is a count in case for a tort. The second is confessedly so; and the statements and allegations in respect to the contract of hiring contained in the first, do not impress upon that count a different character. The act" complained of in the first count, as in the second, is, in its nature, a tort or injury to the reversioners, and the allegation that the wrongful or tortious act was done in violation of a contract with the life tenant, does not make the first count any the less a count for a tort. The…
2Cases cited1 opinion
- Harvey v. EpesSupreme Court of Virginia · 1855
3Cited by7 opinions
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- Clarkson v. BoothSupreme Court of Virginia · 1867
- Clarkson v. BoothSupreme Court of Virginia · 1867
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