Fitzgerald v. Campbell
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Auguste county in an action of trespass. Judgment for defendant. Plaintiff assigns error.. This is an action of trespass brought by the plaintiff in error, as plaintiff in the court below, against the defendant in error, as defendant in the court below, seeking to recover damages for an assault and battery committed upon the plaintiff by thé defendant as alleged in the declaration.
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Error to a judgment of the Circuit Court of Auguste county in an action of trespass. Judgment for defendant. Plaintiff assigns error.. This is an action of trespass brought by the plaintiff in error, as plaintiff in the court below, against the defendant in error, as defendant in the court below, seeking to recover damages for an assault and battery committed upon the plaintiff by thé defendant as alleged in the declaration. The defense interposed by the defendant in the court below by special plea was that at the same time at which this action was instituted the plaintiff also brought…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court.
[1] The case turns upon the decision of the following question, namely:
1. Was the execution issued by the clerk without the direction of the plaintiff, under the general order of court, such an execution that the payment of it to the sheriff by the execution debtors, without the express or implied actual consent of the plaintiff, can be considered as, in contemplation of law, a payment or satisfaction of the judgment within the meaning of section 6264 of the Code, so as to bar the plaintiff’s action in…
2Cases cited5 opinions
- Blann v. CrocheronSupreme Court of Alabama · 1852
- Putney v. O'BrienSupreme Court of Iowa · 1880
- Petticolas v. City of RichmondSupreme Court of Virginia · 1897
- McDonald v. NugenSupreme Court of Iowa · 1902
- Power v. BakerU.S. Circuit Court for the District of Minnesota · 1886
3Cited by18 opinions
- McLaughlin v. SiegelSupreme Court of Virginia · 1936
- Blanche H. Lober v. Willis MooreCourt of Appeals for the D.C. Circuit · 1969
- State Ex Rel. Bumgarner v. SimsWest Virginia Supreme Court · 1953
- Hackett v. HysonSupreme Court of Rhode Island · 1946
- Wells v. GouldSupreme Judicial Court of Maine · 1932
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