Offterdinger v. Ford
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Lynchburg, rendered November 24, 1892, in an action of debt, wherein the plaintiff in error was the plaintiff, and the defendants in error were the defendants. This case is the sequel of Offterdinger v. Ford, 86 Va. 917. Ford & Mathews had let to Offterdinger, in 1885, a storehouse in the city of Lynchburg, at the agreed price of $1,100 per annum.
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Error to a judgment of the Circuit Court of the city of Lynchburg, rendered November 24, 1892, in an action of debt, wherein the plaintiff in error was the plaintiff, and the defendants in error were the defendants. This case is the sequel of Offterdinger v. Ford, 86 Va. 917. Ford & Mathews had let to Offterdinger, in 1885, a storehouse in the city of Lynchburg, at the agreed price of $1,100 per annum. The agreement between the parties was for a term of five years, but not being in writing and signed, as required by statute, Offterdinger, after the first year, became a tenant from year to…
1Opinion of the CourtBuchanan, J.
The demurrer to the declaration in this case is based upon two grounds.
First. That the damages claimed must have been awarded against the plaintiffs in the attachment proceedings in an independent action against them before the sureties in the attachment bond could be called upon to answer in damages.
Second. That the declaration claims damages which resulted not only from suing out the attachment, but also for “the sale made and proceedings had under color of the attachment.”
The condition of the bond sued on provides, first, that the obligors therein shall pay all costs and damages which may *646b…
2Cases cited4 opinions
- McLuckie v. WilliamsCourt of Appeals of Maryland · 1888
- Davis v. Commonwealth for LeonSupreme Court of Virginia · 1856
- Tarpey v. ShillenbergerCalifornia Supreme Court · 1858
- Sledge v. LeeSupreme Court of Georgia · 1856
3Cited by10 opinions
- Southern Mills, Inc. v. Summit Yarn Co.Supreme Court of North Carolina · 1943
- American Exchange Bank v. Goodlee Realty Corp.Supreme Court of Virginia · 1923
- Buggeln v. CameronArizona Supreme Court · 1907
- Lancaster v. WilsonSupreme Court of Virginia · 1876
- Lancaster v. WilsonSupreme Court of Virginia · 1876
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