Legal Opinion

Brown v. Savings Bank of the Grand Fountain

District of Columbia Court of Appeals

Decided November 21, 1906No. 1724Published

HeariNG on an appeal by tbe plaintiff from a judgment on verdict of the Supreme Court of the District of Columbia in an action of assumpsit. The Couet in the opinion stated the facts as follows: Appeal from the supreme court of the District of Columbia. The appellant, Robert W. Brown, executor of the will of Luvinia Howard, as plaintiff below, brought suit in the District of Columbia against appellee, the Savings Bank of the Grand Fountain, TJ.

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HeariNG on an appeal by tbe plaintiff from a judgment on verdict of the Supreme Court of the District of Columbia in an action of assumpsit. The Couet in the opinion stated the facts as follows: Appeal from the supreme court of the District of Columbia. The appellant, Robert W. Brown, executor of the will of Luvinia Howard, as plaintiff below, brought suit in the District of Columbia against appellee, the Savings Bank of the Grand Fountain, TJ. O. T. R., a Virginia corporation, for the redemption of fifty-seven shares of its stock at $5 per share, which he claimed was redeemable at the death…

1Opinion of the CourtJustice Robb

It is now urged by appellant that the court erred in not entering a judgment in favor of the plaintiff, and assessing his damages after finding the issue upon the plea in abatement in his favor. We think the mere statement of the case demonstrates that the appellant is not in a position to insist upon this assignment of error. It may be conceded that, under the common law, the finding in favor of the plaintiff of an issue of fact raised by a plea in abatement, entitles the plaintiff to a judgment on the merits. Whether the provisions of the Code [sec. 399, 31 Stat. at L. 1252, chap. 85d] with…

2Cases cited3 opinions

  1. Minor v. HappersettSupreme Court of the United States · 1875
  2. Pennsylvania Co. v. HortonIndiana Supreme Court · 1892
  3. Herman v. JeffriesMontana Supreme Court · 1883

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