Bargamin v. Poitiaux ex'or
Supreme Court of Virginia
Poitiaux executor of Wercq having distrained the goods of Bargamin, for 120 dollars rent claimed of him, Bar-gamin, sued out of the circuit court of Henrico, a writ of replevin of the goods, and gave bond with surety to perform the judgement of the court in case he should be cast, according to the statute 1 Rev. Code, ch. 113. <§. 23. p. 451. The declaration was in the usual form, alleging the unjust taking and detention of the goods against sureties and pledges.
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Poitiaux executor of Wercq having distrained the goods of Bargamin, for 120 dollars rent claimed of him, Bar-gamin, sued out of the circuit court of Henrico, a writ of replevin of the goods, and gave bond with surety to perform the judgement of the court in case he should be cast, according to the statute 1 Rev. Code, ch. 113. <§. 23. p. 451. The declaration was in the usual form, alleging the unjust taking and detention of the goods against sureties and pledges. The suit was commenced as long ago as January 1820. But from October 1820, when the cause was, by order of the court, transferred…
1Opinion of the Court
Tucker, P.
At common law, in the action of replevin, after issue joined, both parties are plaintiffs, and therefore the plaintiff cannot suffer a nonsuit. Eggleton v. Smart, 1 W. Blacks. 375. Jones v. Concannon, 37 T. R. 661. Hodgkinson v. Snibson, 3 Bos. Pull. 603. But, before issue joined, he is the only plaintiff; and he might therefore have suffered a nonsuit, and terminated the whole process. But when he did so, the judgement was not merely that he take nothing by his bill, as in other cases of nonsuit: for having, by his replevin, got what he principally wanted, that is, his goods, and…
2Cases cited2 opinions
- Nadenbush v. LaneCourt of Appeals of Virginia · 1826
- Maxwell v. LightCourt of Appeals of Virginia · 1797