Turberville v. Self
Court of Appeals of Virginia
Replevin, in the County Court of Westmoreland, brought by Self, the defendant in error. Avowry for rent arrear. Plea, nil debet, and concludes as usual to the country, but the issue is not joined by a similiter. At the trial, the defendant gave in evidence an award of arbitrators made since the distress was taken, but respecting accounts subsisting between the parties, prior thereto, in order to show that he did not owe any thing to the avowant.
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Replevin, in the County Court of Westmoreland, brought by Self, the defendant in error. Avowry for rent arrear. Plea, nil debet, and concludes as usual to the country, but the issue is not joined by a similiter. At the trial, the defendant gave in evidence an award of arbitrators made since the distress was taken, but respecting accounts subsisting between the parties, prior thereto, in order to show that he did not owe any thing to the avowant. This being objected to as improper evidence, and being admitted by the Court, a bill of exceptions was filed. The avow-ant offered in evidence to…
1Opinion of the Court
The Court affirmed the judgment(1)(1) Nicolson et al. v. Hancock, 4 Hen. & Munf. 498. Totty’s ex. v. Donald, 4 Munf. 490.
2Cases cited1 opinion
- Hough v. ShreeveSupreme Court of Virginia · 1815