Columbia Accident Ass'n v. Rockey
Supreme Court of Virginia
Argued at Staunton. Decided at Richmond. Error to a judgment of the Hustings Court of the city of Staunton, rendered November 9, 1894, in a proceeding by motion under section 8211 of the Code, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was a proceeding by notice of a motion for a judgment before the Hustings Court of the city of Staunton, to recover the amount of an open account.
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Argued at Staunton. Decided at Richmond. Error to a judgment of the Hustings Court of the city of Staunton, rendered November 9, 1894, in a proceeding by motion under section 8211 of the Code, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was a proceeding by notice of a motion for a judgment before the Hustings Court of the city of Staunton, to recover the amount of an open account. The notice was in the following words and figures: “ Staunton, Va., August 20, 1894. “ Columbian Accident Association: “Take notice, that on Thursday,…
1Opinion of the CourtRiely, J.
It is unnecessary, in disposing of the writ of error in this case,-to notice any of the proceedings prior to the mistrial at the September term, 1894.
*682After the mistrial, the defendant being required to file a statement of the particulars of its ground of defence, as the court, on the motion of the plaintiff, had previously directed it to do, tendered the plea of non assumpsit, which was filed without objection. It also tendered, then and subsequently, four statements as containing the particulars of its grounds of defence. These statements were unnecessarily prolix, and possessed much of the…
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