Faw v. Roberdeau's
Supreme Court of the United States
This was an action in the Circuit Court of the district of Columbia, for Hte county of Alexandria : and the question arose upon the construction of the act of assembly of Virginia, for “ reducing into one the several acts con•eerning wills,” &c.
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This was an action in the Circuit Court of the district of Columbia, for Hte county of Alexandria : and the question arose upon the construction of the act of assembly of Virginia, for “ reducing into one the several acts con•eerning wills,” &c. (Rev. Code, p. 169, c. 92, § 56), which is in these words, viz.: “ If any suit shall be brought against any executor or administrator, for the recovery of a debt due upon an open account, it shall be the duty of the •court, before whom such suit shall be brought, to cause to be expunged from such account, every item thereof which shall appear to have…
1Opinion of the Court
Marshall, Ch. J.,
after stating the case, delivered the opinion of the court. — There being a general verdict for the plaintiff, it is. necessary, in order to justify a judgment for the defendant, that the statement of facts, upon which he relies, should contain all the circumstances, necessary *to support such a judgment ; otherwise, the judgment p-pg must be rendered upon the verdict for the plaintiff. L
The five years mentioned in the 56th section of the act of assembly,, must have elapsed, before the death of the testator. If they did not, no-lapse of time, after his death, can bring the…
2Cited by1 opinion
- Faw v. Roberdeau'sSupreme Court of the United States · 1805