Smith's Ex'x v. Profitt's Adm'r
Supreme Court of Virginia
Appeal .from decree of circuit court of Albemarle county,, rendered May 26th, 1885, in the cause wherein James M. Smith and T. T. Norman are plaintiffs, and B. C. Flanagan, S. G. White, O. Rierson, trustee, N. M. Page, and T. L. Michie and L. D. Hanchel as assignees in bankruptcy of B. C. Flanagan, J. A. Profitt and J. L. Cochran, his assignee in bankruptcy, and Putney & Watts and other judgment creditors of J. A. Profitt, are defendants; and in the cross-suit brought by J.…
Read the full summary
Appeal .from decree of circuit court of Albemarle county,, rendered May 26th, 1885, in the cause wherein James M. Smith and T. T. Norman are plaintiffs, and B. C. Flanagan, S. G. White, O. Rierson, trustee, N. M. Page, and T. L. Michie and L. D. Hanchel as assignees in bankruptcy of B. C. Flanagan, J. A. Profitt and J. L. Cochran, his assignee in bankruptcy, and Putney & Watts and other judgment creditors of J. A. Profitt, are defendants; and in the cross-suit brought by J. L. Cochran as such assignee, against J. M. Smith and all the other-parties in the original suit, and Mary J. Profitt,…
1Opinion of the CourtRichardson, J.
(after stating the case), delivered the opinion of the court.
The appellants make several assignments of error in the decree, which will be considered consecutively.
I. “That the circuit court erred in overruling the appellants’ exception to the reading of J. A. Profitt’s deposition.” This deposition was taken September 4,’ 1877. The witness was cross-examined by the appellants on all the issues, and no exception was taken to his competency until September 11, 1884. In Hord v. Colbert, 28 Gratt. 49, this court held that such cross-examination was a waiver of objection to competency, to which…
2Cases cited4 opinions
- Hord's adm'r v. ColbertSupreme Court of Virginia · 1877
- Jenkins v. International BankSupreme Court of the United States · 1883
- Matthews v. JenkinsSupreme Court of Virginia · 1885
- Keran v. Trice's Ex'orsSupreme Court of Virginia · 1881
3Cited by28 opinions
- Pillow v. Southwest Virginia Improvement Co.Supreme Court of Virginia · 1895
- Tiedman v. American Pigment Corp.Court of Appeals for the Fourth Circuit · 1958
- Floyd v. HardingSupreme Court of Virginia · 1877
- Neis v. FarquharsonWashington Supreme Court · 1894
- Va. Fire & Marine Ins. v. CottrellSupreme Court of Virginia · 1889
23 more not listed; retrieve them via the Exa API.