Binns v. Waddill
Supreme Court of Virginia
This was an action of detinue in the circuit court of Charles City county, brought by Edmund T. Waddill against Otway P. Binns, to recover three mules, a wagon and harness. The declaration contains two counts.
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This was an action of detinue in the circuit court of Charles City county, brought by Edmund T. Waddill against Otway P. Binns, to recover three mules, a wagon and harness. The declaration contains two counts. In the first count the plaintiff avers that on a day named, he r . . . delivered to the defendant Binns three mules, describing them by name and color, each of the value of $200; wagon and gear, describing the wagon, of the value of $100, to be redelivered by the said Binns when he should be thereunto afterwards requested; and that Binns, though often required, has not delivered, &c.…
1Opinion of the CourtStaples, J.
This is an action' of detinue. The declaration contains two counts. The first sets forth the delivery of the property by the plaintiff to the defendant, to be redelivered on request, and a failure to do so. The second avers that the plaintiff, being lawfully possessed of the property, casually lost it, out of his possession, and the same after-wards came to the defendant by finding, and that the defendant had refused to deliver the same, although often requested. It is by no means clear, but it may be conceded, that the first count is defective in failing to allege right of property in the…
2Cases cited3 opinions
- Kincheloe v. TracewellsSupreme Court of Virginia · 1854
- Rea's adm'x v. Trotter & Bro.Supreme Court of Virginia · 1875
- Fleming v. TolerSupreme Court of Virginia · 1851