Ware v. Starkey
Supreme Court of Virginia
Argued at Staunton, but decided at Bichmond. Appeal from decree of circuit court of Clarke county, entered May, 24th, 1884, in the chancery cause of Josiah W. Ware’s administrator against Benjamin Starkey, William B, Claggett, and others. Opinion states the case.
1Opinion of the CourtBiCHARDSON, J.
This is a controversy as to whether the six notes or single bills, hereinafter to be referred to, bear interest from the date of the contract of sale, or only from the maturity of the bonds. Before, however, considering the main question, we must dispose of' a preliminary question, raised by counsel for the ap-pellees.
It is insisted that the appellant, the plaintiff below, has no *193right to prosecute this or any suit in the premises. To properly understand this question, a brief statement is here necessary. On the 26th day of August, 1873, pending a suit in chancery in the circuit court of…
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