Dowell v. Cox
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Grayson county in an action of trespass on the case. Judgment for the defendant. Plaintiff assigns error.
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Error to a judgment of the Circuit Court of Grayson county in an action of trespass on the case. Judgment for the defendant. Plaintiff assigns error. The following is a copy of the plaintiff’s declaration: “First Count: S. M. Dowell, administrator .of all and singular, the goods and chattels of Grimsley Halsey, deceased, plaintiff, complains of Edward J. Cox and Eields Anderson of a plea of trespass on the case, for this, to-wit, that heretofore, to-wit, on the...............day of...............1891, the said Grimsley Halsey, deceased, and the said Edward J. Cox, and the said Eields…
1Opinion of the CourtHarrison, J.
This action was brought, and an attachment issued and levied as ancillary thereto, for the purpose of recovering damages from the defendant, Edward Cox, for killing, as alleged, Grimsley Halsey, the plaintiff’s intestate.
A general demurrer to the plaintiff’s declaration was sustained, and the action dismissed, upon the ground that the alleged trespass, if committed at all, had not been committed within twelve months next preceding the institution of the action, and that the plaintiff’s right to recover was, therefore, barred by the statute of limitations.
It was properly conceded at the bar of…
2Cases cited4 opinions
- Lambert v. Ensign Manuf'g Co.West Virginia Supreme Court · 1896
- Nelson v. Chesapeake & Ohio RailroadSupreme Court of Virginia · 1892
- Dennis v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1904
- Manuel v. Norfolk & Western Ry. Co.Supreme Court of Virginia · 1901
3Cited by26 opinions
- Johnny Overstreet, Administrator of the Estate of David Wilkey, Deceased v. Kentucky Central Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1991
- Semler v. Psychiatric Institute of Washington, D. C., Inc.Court of Appeals for the D.C. Circuit · 1978
- State Ex Rel. Stasciewicz v. ParksCourt of Appeals of Maryland · 1925
- American Mutual Liability Insurance v. HamiltonSupreme Court of Virginia · 1926
- State, Ex Rel. Dunnigan v. CobournCourt of Appeals of Maryland · 1936
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