Legal Opinion

G. S. Sexton & Co. v. C. Aultman & Co.

Supreme Court of Virginia

Decided July 25, 1895PublishedCited by 4 opinions

Error to a judgment of the Circuit Court of Wythe county, rendered September 29, 1892, in two actions of debt heard together by consent, wherein the defendants in error were the plaintiffs and the plaintiffs in error were the defendants.

1Opinion of the CourtBuchanan, J.

*21The defendants in error brought two actions of debt against the plaintiffs in error upon certain notes made by the latter.

The cases were heard together, by consent, as one case. The defendants pleaded nil debet, filed their account of set-offs, and a special plea in writing under our statute of equitable set-offs (sec. 3299, Code of 1887). The plaintiffs replied generally to these pleas, and filed a list of counter set-offs. Upon the trial of the case the plaintiffs were allowed to rely on the statute of limitations to defeat the defendants’ claim of set-offs, without replying the statute…

2Cases cited1 opinion

  1. Trimyer v. PollardSupreme Court of Virginia · 1849

3Cited by4 opinions

  1. Neely v. WhiteSupreme Court of Virginia · 1941
  2. Wright v. CommonwealthSupreme Court of Virginia · 1911
  3. Womack v. CircleSupreme Court of Virginia · 1877
  4. Womack v. CircleSupreme Court of Virginia · 1877

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API