Roach v. Gardner
Supreme Court of Virginia
This was an action of debt upon an injunction bond in the Circuit court of Wood county, brought by William S. Gardner against John J. Malcolm and Jesse Roach. The defendants demurred generally to the declaration, and to each assignment of breaches therein; and the plaintiff joined in the demurrer. Subsequently, the defendant Malcolm pleaded his discharge as a bankrupt, upon which the plaintiff replied that there was no such record; and that issue was found for Malcolm.
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This was an action of debt upon an injunction bond in the Circuit court of Wood county, brought by William S. Gardner against John J. Malcolm and Jesse Roach. The defendants demurred generally to the declaration, and to each assignment of breaches therein; and the plaintiff joined in the demurrer. Subsequently, the defendant Malcolm pleaded his discharge as a bankrupt, upon which the plaintiff replied that there was no such record; and that issue was found for Malcolm. At the same term the defendant Roach and the plaintiff agreed the facts, of the execution of the bond on which the action was…
1Opinion of the CourtLee, J.
In this case the plaintiff in error assigns two grounds upon which, as he contends, the judgment of the court below is erroneous and ought to be reversed: One is, that the court erred in overruling the demurrer to the declaration, treating the rendition of final judgment in favor of the plaintiff in the court below as a virtual overruling of the demurrer; and the other, that the court erred in giving judgment for the plaintiff on the case agreed, the law arising thereon, as the plaintiff in error contends, entitling him to the judgment of the court in his favor.
Two grounds of objection to the…
2Cited by2 opinions
- Moore v. DouglassWest Virginia Supreme Court · 1879
- Shepherd v. BrownWest Virginia Supreme Court · 1887