Legal Opinion

Boulware & Williams v. Jewett

Supreme Court of Virginia

Decided December 11, 1890Published

Error to judgment of circuit court of city of Richmond, rendered November 13th, 1889, in an action of trespass on the case in assumpsit, wherein George B. Jewett, the defendant in error, was plaintiff, and A. L. Boulware and Charles U. Williams, partners as Boulware & Williams, were defendants.

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Error to judgment of circuit court of city of Richmond, rendered November 13th, 1889, in an action of trespass on the case in assumpsit, wherein George B. Jewett, the defendant in error, was plaintiff, and A. L. Boulware and Charles U. Williams, partners as Boulware & Williams, were defendants. In May, 1888, the defendant in error instituted his action of assumpsit against the plaintiffs in error for the sum pf $1,500, for services rendered by him to the said plaintiffs in error, at their request, in selling certain lands mentioned and described in the evidence, and collecting rents and…

1Opinion of the CourtLacy, J.

The plaintiffs in error admit, and the defendant in error claims that, by the statute in such case made and provided, a certificate of the evidence in a case at the trial is considered in this court as a demurrer to evidence. Code of Virginia, section 3484. In such case, as has been often decided in this court from an early day, this court is to consider as if the demurrant has admitted all that could have been reasonably inferred by the jury from the evidence given by the other party, and waived all the evidence on his part that contradicts that offered by the other party, or the credit of…

2Cases cited3 opinions

  1. Clark's Adm'r v. R. & D. R. R.Supreme Court of Virginia · 1884
  2. Va. Mining & I. Co. v. HooverSupreme Court of Virginia · 1886
  3. Richmond & Danville R. R. v. Moore's Adm'r.Supreme Court of Virginia · 1883

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