Archer v. Ward
Supreme Court of Virginia
, This was an action of debt in the. Circuit court of the town of Petersburg, instituted by Montague Ward against Tyler and Hill as makers and. John Archer as endorser- of a negotiable note. The suit .-abated as to Tyler.by the return of the writ.
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, This was an action of debt in the. Circuit court of the town of Petersburg, instituted by Montague Ward against Tyler and Hill as makers and. John Archer as endorser- of a negotiable note. The suit .-abated as to Tyler.by the return of the writ. Archer, who lived in the county of Chesterfield, appeared- and pleaded ,in , abatement of the writ tile penden,cy, of another suit! against him for the same cause, of action in the Circuit court of Chesterfield at .the tipie of th,e emanation of the writ in this case. To this plea, the . plaintiff demurred, and the court sustained the demurrer. , ,-…
1Opinion of the CourtLee, J.
The first question to be considered in this cause is that arising upon the demurrer to the plea in abatement of a former action pending, filed by the defendant. It is contended that this plea is defective because it fails to aver that the former action was still pending at the time of the plea pleaded, and in lieu thereof avers that it was pending at the time of the emanation of the writ in this cause. Whether a plea of this character must aver the continued pendency of the former action at the time of the plea pleaded, or will be good if it aver the, pendency at the time of the commencement…
2Cases cited2 opinions
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3Cited by15 opinions
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- Ballard v. WhitlockSupreme Court of Virginia · 1867
- Archer v. WardSupreme Court of Virginia · 1853
- Ballard v. WhitlockSupreme Court of Virginia · 1867
- Ballard v. WhitlockSupreme Court of Virginia · 1867
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