Norfolk & Western Railway Co. v. Sutherland
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Russell county, in an action of assumpsit. Judgment for the plaintiff. Defendant assigns error.
1Opinion of the CourtBuchanan, J.
Because of a variance between the proof and the allegations of the declaration in this cause, which is an action of assumpsit, instituted by E. Sutherland against the Norfolk and Western Railway Company, the' cause was remanded to rules at the May term, 1904, with leave to the plaintiff to amend his declaration. At the first August rules, 1904, an amended declaration was filed and common order made, and at the second August rules the common order was confirmed, and writ of inquiry directed. The cause was placed upon the docket of the September term •of the court.
At that term the following…
2Cases cited6 opinions
- Sulphur Mines Co. v. Thompson's HeirsSupreme Court of Virginia · 1896
- New River Mineral Co. v. PainterSupreme Court of Virginia · 1902
- Creighton v. KerrSupreme Court of the United States · 1874
- Harvey v. SkipwithSupreme Court of Virginia · 1863
- Roderick v. Railroad Co.West Virginia Supreme Court · 1873
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- Nixon v. RowlandSupreme Court of Virginia · 1951
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