Ferrill v. Brewis' Adm'or
Supreme Court of Virginia
In January 1872, T. R, Terrill instituted an action on the case in the Corporation court of the city of Alexandria against William H. Marbury, administrator of T. A. Brewis, deceased. The declaration contained four counts.
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In January 1872, T. R, Terrill instituted an action on the case in the Corporation court of the city of Alexandria against William H. Marbury, administrator of T. A. Brewis, deceased. The declaration contained four counts. The first set out that the plaintiff was the owner of two notes on persons named, for amounts stated; that the notes being due and unpaid, he delivered them to Brewis in his lifetime to be collected by him and paid to the plaintiff, or otherwise applied to his use. That after-wards, in the lifetime of Brewis, the plaintiff wishing to repossess himself of the said notes,…
1Opinion of the Court
STAPI/TS, J.,
delivered the opinion of the court.
This is an action of trespass on the case, instituted in the corporation court of Alexandria, by T. R. Terrill against T. A. Brewis’ administrator. The defendant demurred generally to the declaration; the demurrer was sustained, and judgment given for the defendant.
The second, third and fourth counts being clearly good, and the demurrer being to the entire declaration, it ought to have been overruled, unless the form *of the action is misconceived, or there is a misjoinder of counts.
It is claimed by the counsel for the defendant that the…
2Cases cited1 opinion
- Parsons v. HarperSupreme Court of Virginia · 1860
3Cited by5 opinions
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- Hill v. Ansted National BankWest Virginia Supreme Court · 1924