Legal Opinion

Old Dom. Steamship Co. v. Burckhardt

Supreme Court of Virginia

Decided March 27, 1879PublishedCited by 2 opinions

This was an action of detinue in the circuit court of the city of Richmond, brought by Frederick Burckhardt against the Old Dominion Steamship Company, to recover ninety tierces of stearine, of the value of $3,600. The defendant pleaded non detinet, and it was agreed that any defence might be made under that plea that might be made under any proper special plea.

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This was an action of detinue in the circuit court of the city of Richmond, brought by Frederick Burckhardt against the Old Dominion Steamship Company, to recover ninety tierces of stearine, of the value of $3,600. The defendant pleaded non detinet, and it was agreed that any defence might be made under that plea that might be made under any proper special plea. "When the cause was called for trial the parties agreed to dispense with a jury and submit the whole matter of law and fact to the court; and the court having heard the evidence and argument of counsel, rendered judgment in favor of…

1Opinion of the CourtChristian, J.

This is a case before us on a writ of error to a judgment of the circuit court of the city of Richmond. The action was detinue for ninety tierces of stearine in the possession of the Old Dominion Steamship Company, and claimed as the property of Durckhardt, a merchant resident in the city of Cincinnati. In the circuit court a jury was waived by the parties, and both matters of law and fact submitted to the court for its decision. The circuit court found in favor of the defendant in error (Durckhardt), and pronounced its judgment in his favor *666against the plaintiff in error for the ninety…

2Cases cited4 opinions

  1. Wickham & Goshorn v. Lewis Martin & Co.Supreme Court of Virginia · 1856
  2. Hodge's Ex'or v. First Nat. BankSupreme Court of Virginia · 1872
  3. Mitchell v. BarattaSupreme Court of Virginia · 1867
  4. Pryor v. KuhnSupreme Court of Virginia · 1855

3Cited by2 opinions

  1. Pritchard v. CommonwealthSupreme Court of Virginia · 1983
  2. State ex rel. Heintz v. Hamann, Court of Common Pleas of Ohio, Hamilton County1911

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