Spengler v. Davy
Supreme Court of Virginia
This was an action of trespass on the case, brought in September 1854 in the County court of Warren county, by William Davy against Samuel M. Spengler, for maliciously suing out an attachment against the property of the plaintiff. The declaration charged, that “the said Samuel M. Spengler-wrongfully and without good cause, sued out,” &c. and afterwards, to wit, on, &c.
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This was an action of trespass on the case, brought in September 1854 in the County court of Warren county, by William Davy against Samuel M. Spengler, for maliciously suing out an attachment against the property of the plaintiff. The declaration charged, that “the said Samuel M. Spengler-wrongfully and without good cause, sued out,” &c. and afterwards, to wit, on, &c. “wrongfully and without good cause caused certain property of the said William Davy to be taken and seized under said attachment.” At the November term of the - court an issue was made up on the plea of “not guilty,” and the…
1Opinion of the CourtDaniel, J.
It seems to me that the plaintiff in error has failed to show good ground for reversing the judgment, in the refusal of the County court to continue the. cause on his motion.
It is not to be denied that the fact, which the plaintiff in error, through his ’counsel, stated he expected to prove by the witness in court, if an opportunity was afforded him to refer to certain books to which he could not then have access, was one which might have a very material bearing on the case. Proof that the defendant in error, at, or a short time before the date of his leaving the county of Warren, had…
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