McMullin v. Church
Supreme Court of Virginia
Error to judgment of circuit court of Wythe county, rendered December 14, 1885, in an action of trespass on the case wherein R. G. Church was plaintiff, and Mary J. McMullin and Wm. A. Richmond were defendants, for an allegedfalse and malicious suing out by the defendants of an attachment, and the levying of the same upon the property of the plaintiff. The jury gave the plaintiff $3,000 damage, for which sum judgment was rendered.
1Opinion of the Court
Richardson, J.,
^delivered the opinion of the court.
This was an action on the case brought by said R. G. Church, plaintiff, against said Mary J. McMullin and ¥m. A. Richmond jointly, and the only issue was on the joint plea of the defendants of “not guilty.” The declaration contained five counts. The defendant demurred to the whole declaration and to each count thereof. But the court sustained the demurrer as to the second count only, and overruled it as to the declaration as a whole, and to the first, third, fourth, and fifth counts; and this ruling, except as to said second count, is…
2Cited by10 opinions
- Fox v. DeeseSupreme Court of Virginia · 1987
- Munroe v. CarlisleMassachusetts Supreme Judicial Court · 1900
- Norfolk Union Bus Terminal, Inc. v. SheldonSupreme Court of Virginia · 1948
- Baker v. DoeSupreme Court of Virginia · 1970
- Tanner v. Culpeper Construction Co.Supreme Court of Virginia · 1915
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