Murdock v. Herndon's Executors
Supreme Court of Virginia
THIS cause was heretofore in this Court, under a different style, and was decided on a different point.(a) The original suit was an action of debt, brought in the name of William Cunninghame is? Co. in the District Court; _ ~ of Fredericksburg, against Edward Herndon, upon a written acknowledgment of the defendant, that on the 18th, °f August, 1775, he had “ settled his account with William “ Reid, merchant in Fredericksburg, and found the balance « ¿yg him t0 ]3e gg/. ^s?1…
Read the full summary
THIS cause was heretofore in this Court, under a different style, and was decided on a different point.(a) The original suit was an action of debt, brought in the name of William Cunninghame is? Co. in the District Court; _ ~ of Fredericksburg, against Edward Herndon, upon a written acknowledgment of the defendant, that on the 18th, °f August, 1775, he had “ settled his account with William “ Reid, merchant in Fredericksburg, and found the balance « ¿yg him t0 ]3e gg/. ^s?1 and a written memorandum, made on the same day, and on the same paper, by WilHam Reid, “ that the above acknowledgment…
1Opinion of the Court
Judge Tucker.
This is the same case which is reported in 2 Call, 530. under the title of Cunninghame v. Hern* *202don. While the suit was depending in this Court, Hern* don died; and the cause was revived here against his executors. The judgment was finally reversed, and the Jutors’ verdict set aside, “ and a new trial was ordered to “ in the cause,” with directions to admit the eviwhich had been rejected on the former trial.
The cause being again brought on in the District Court, the following entry appears: “ This suit abates as to the “ plaintiff, William Cunninghame,” (he being the only…
2Cases cited1 opinion
- John Baird & Co. v. MattoxCourt of Appeals of Virginia · 1798
3Cited by1 opinion
- In re O'NeilCourt of Appeals of Virginia · 1994