Buford v. Buford
Supreme Court of Virginia
IN an action of assumpsit, in behalf of William. Buford, (who sued for the benefit of John P. Patrick,) against Henry Buford, the declaration contained a general count for money paid and advanced by the plaintiff for the defendant; another general count for money had and received by the defendant for the use of the plaintiff; and a special count, , , , . . . stating, that “ whereas, also, the said defendant was jointly bound with the plaintiff as security for James Buford to…
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IN an action of assumpsit, in behalf of William. Buford, (who sued for the benefit of John P. Patrick,) against Henry Buford, the declaration contained a general count for money paid and advanced by the plaintiff for the defendant; another general count for money had and received by the defendant for the use of the plaintiff; and a special count, , , , . . . stating, that “ whereas, also, the said defendant was jointly bound with the plaintiff as security for James Buford to J J Isham Talbott,.the said Isham Talbott had recovered two judgments on the bonds given jointly as aforesaid, in the…
1Opinion of the Court
the following opinion of this court was pronounced by
Judge Roane.
The court is of opinion that there is no error in the opinion of the Superior Court, admitting the judgments in the bill of exceptions, to be exhibited as conclusive evidence to shew the amount recovered against the appellee by Isham Talbott, and the amount he was thereby compellable to pay ; and, not understanding that court as prohibiting evidence on part of the appellant, tending to reduce the sum claimed against him in consequence of such judgment, or to shew that the same was fraudulently or collusively obtained; and being…
2Cited by6 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Cole v. DriskellIndiana Supreme Court · 1818
- Beeson's adm'r v. StephensonSupreme Court of Virginia · 1836
- Calvin v. StateOhio Supreme Court · 1861
- Draper's ex'ors v. GormanSupreme Court of Virginia · 1837
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