Gray v. Kemp
Supreme Court of Virginia
Error to judgment of hustings court of city of Iioanoke, rendered June 14th, 1890, in an action of trespass on the case in assumpsit, wherein E. B. Kemp and Vh M. Kelson were plaintiffs, and R. H. Gray was defendant. Verdict and judgment being for the plaintiffs, the defendant brought the ease here on writ of error and supersedeas.
1Opinion of the Court
Hintok, L,
delivered the opinion of the court.
This is an action to recover damages for the failure of B. H. Gray, the defendant below, to deliver fifty shares of the ■ capital stock of “ The Salem Land Company.” There was a demurrer to the declaration, which, we think, was properly overruled. The demurrer is general, and in such case the familiar rule is, that if any one count be good, the demurrer must be overruled. Hollinsworth v. Milton, 8 Leigh, 50; Ferrill v. Brewis’ Adm’r, 25 Gratt. 766; 4 Minor, 895. And in this case all of the counts appear to be good.
But it is contended that,…
2Cases cited2 opinions
- Galigher v. JonesSupreme Court of the United States · 1889
- Kennaird v. JonesSupreme Court of Virginia · 1852
3Cited by8 opinions
- Virginia & North Carolina Wheel Co. v. HarrisSupreme Court of Virginia · 1905
- Bannister v. Victoria Coal & Coke Co.West Virginia Supreme Court · 1908
- Bell v. Kanawha Traction & Electric Co.West Virginia Supreme Court · 1919
- Kennaird v. JonesSupreme Court of Virginia · 1852
- Norfolk & Petersburg R. R. v. OrmsbySupreme Court of Virginia · 1876
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