Nash v. Fugate
Supreme Court of Virginia
This case was argued at Wytheville, but decided at Richmond. It was once before in this court, and is reported in 24 Gratt. 202. That report states the nature of the case, and gives a copy of the covenant sued on and the names of the parties to it.
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This case was argued at Wytheville, but decided at Richmond. It was once before in this court, and is reported in 24 Gratt. 202. That report states the nature of the case, and gives a copy of the covenant sued on and the names of the parties to it. When the cause went back to the circuit court of Russell county, the death of the defendant Vermillion was suggested; and the surviving sureties, in addition to the first, fourth and fifth general pleas of non est factum, which had - been pleaded before the case came up to this court, filed two special pleas of non est factum, which are numbered…
1Opinion of the CourtStaples, J.
This case was before the court at the July term, 1873, held in Wytheville, and is reported in 24 Gratt. 202.
After the case was remanded to the circuit court, for a new trial to be had in conformity with the views of this court, the defendants tendered five pleas in writing, two of which were objected to by the plaintiff; but the objection was overruled by the court, and the pleas filed. The parties then proceeded to trial on the issues joined on the five pleas so filed.
When the evidence was concluded, the defendants asked for two instructions, to which the plaintiff objected ; but ■ the…
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