Phillips v. City of Portsmouth
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Portsmouth in an action of assumpsit. Judgment for the defendant. Plaintiff assigns error.
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
This was an action of assumpsit brought by Phillips against the city of Portsmouth, to recover a sum of money alleged to be due. The declaration contained two special counts and the common counts in assumpsit. The city of Portsmouth filed a demurrer and assigned grounds of demurrer as to the two special counts, which the court sustained; *165and thereupon the plaintiff withdrew his general counts in assumpsit; a judgment was rendered for the defendant, and the case is before us for review.
We shall state only so much of the two special counts as is…
2Cases cited4 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- James v. StokesSupreme Court of Virginia · 1883
- Dudley v. BarrettWest Virginia Supreme Court · 1909
- St. Lawrence Boom & Manufacturing Co. v. PriceWest Virginia Supreme Court · 1901
3Cited by2 opinions
- Newton v. WhiteSupreme Court of Virginia · 1914
- Fentress v. PrudenSupreme Court of Virginia · 1946