Crescent Horse-Shoe & Iron Co. v. Eynon
Supreme Court of Virginia
Error to a judgment of tile Circuit Court of Wythe county rendered February 24, 1896, in an action of covenant wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The evidence sufficiently appears in the opinion. After the evidence was concluded the defendant asked four instructions, the first three of which the trial court refused to give, and in lieu thereof gave an instruction of its own.
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Error to a judgment of tile Circuit Court of Wythe county rendered February 24, 1896, in an action of covenant wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The evidence sufficiently appears in the opinion. After the evidence was concluded the defendant asked four instructions, the first three of which the trial court refused to give, and in lieu thereof gave an instruction of its own. The instructions asked by the defendant, and that given by the court, were as. follows: Instruction for Defendant, No. 1. “The court instructs the jury that…
1Opinion of the CourtBuchanan, J.
The first error assigned in the petition was abandoned in the oral argument.
The second and third assignments of error are to the action of the court in allowing certain questions to be asked and answered.
The defendant in error insists that these assignments of error1 cannot be considered, because the bill of exceptions fails to show what the answers to the questions complained of were. As the-judgment will have to be reversed on other grounds it is unnecessary to pass upon this objection. But as the same questions may arise upon the next trial, it will be proper to determine whether or not…
2Cases cited1 opinion
- Willoughby v. ThomasSupreme Court of Virginia · 1874
3Cited by16 opinions
- Elliott v. Shore Stop, Inc.Supreme Court of Virginia · 1989
- Franklin v. T. H. Lilly Lumber Co.West Virginia Supreme Court · 1909
- Nagel v. KrausCourt of Appeals for the Second Circuit · 1921
- Thomas v. Beaver Dam Manufacturing Co.Wisconsin Supreme Court · 1914
- Spotswood Arms Corp. v. EsteCourt of Appeals of Virginia · 1926
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