Smith v. Smith
Court of Appeals of Virginia
This suit was originally brought in the County Court of Albemarle, and afterwards removed by Certiorari, to the Staunton Chancery Court.
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This suit was originally brought in the County Court of Albemarle, and afterwards removed by Certiorari, to the Staunton Chancery Court. John Smith, William Grayson, William Wood, and Claudius Buster, for himself and his son, John Buster, filed their bill setting forth the following case: that a controversy having arisen between the complainants and Thomas Smith and Susanna Smith, respecting therightof property in three negroes, to wit: Robin, in the possession of the said Thomas Smith, and Milly and Maria in the possession of the said Susanna Smith, the parties mutually submitted the said…
1Opinion of the Court
The President
delivered the opinion of the Court. *
The first objection in order, to a decree in behalf of the appellants, is, to the jurisdiction of the Court. The bill makes out a ease for a specific execution of an award, but prays for neither special nor general relief; as to which, no objection is taken by the appellees. They answer generally the allegations of the bill, and submit themselves to the decree of the Court, on the merits of the complaint. Whether, upon a demurrer to the bill, it would have been sustained, it is not necessary to decide. A submission to an award, is an agreement…
2Cases cited1 opinion
- Gasch v. DaviesWashington Supreme Court · 1890
3Cited by21 opinions
- Warren v. BoggsWest Virginia Supreme Court · 1918
- Holland v. TrotterSupreme Court of Virginia · 1872
- Bassett's Adm'r v. Cunningham's Adm'rSupreme Court of Virginia · 1853
- Fluharty v. BeattyWest Virginia Supreme Court · 1883
- Godfrey v. WhiteMichigan Supreme Court · 1886
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