Wilson v. Davisson
Supreme Court of Virginia
Daniel D. Davisson assignee of Isaac Davisson, brought suit on a bond against Benjamin Wilson, jr., who pleaded that, before notice of the assignment, the effects of the assignor were attached in his, the defendant’s hands, and a decree entered that he should pay the debt to the attaching' creditor, on bond and security being given in the usual form; — and that, bond and security being afterwards given, he had paid the debt to the attaching creditor.
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Daniel D. Davisson assignee of Isaac Davisson, brought suit on a bond against Benjamin Wilson, jr., who pleaded that, before notice of the assignment, the effects of the assignor were attached in his, the defendant’s hands, and a decree entered that he should pay the debt to the attaching' creditor, on bond and security being given in the usual form; — and that, bond and security being afterwards given, he had paid the debt to the attaching creditor. To this plea the plaintiff demurred. The defendant alsopleaded payment ; and issue was joined on both pleas. The case made by the declaration,…
1Opinion of the Court
Judge Brooke
pronounced the Court’s opinion that the Superior Court was correct in sustaining the demurrer of the plaintiff to the plea of the defendant, *180but erred in entering the Judgment before a trial of the plea of payment.
Judgment reversed, and cause remanded for a trial to be had therein of the plea of payment.
2Cited by8 opinions
- Haseltine & Walton v. BrickeySupreme Court of Virginia · 1860
- State ex rel. Puget Sound National Bank of Seattle v. Superior Court of King CountyWashington Supreme Court · 1896
- Copeland v. MantonOhio Supreme Court · 1872
- Davis' Adm'rs v. MeadSupreme Court of Virginia · 1856
- Haseltine v. BrickeySupreme Court of Virginia · 1860
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