Davis' Adm'rs v. Mead
Supreme Court of Virginia
In Rebruary 1851, Hannah Mead instituted an action of debt in the Circuit court of Bedford county against the administrators of Thomas Davis deceased, for the sum of one thousand one hundred and thirty-seven dollars and thirty-five cents. The declaration contains four counts, but they are, as to the questions to be reported, substantially the same.
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In Rebruary 1851, Hannah Mead instituted an action of debt in the Circuit court of Bedford county against the administrators of Thomas Davis deceased, for the sum of one thousand one hundred and thirty-seven dollars and thirty-five cents. The declaration contains four counts, but they are, as to the questions to be reported, substantially the same. The second count set out the cause of action as follows: Ror that whereas heretofore, to wit, on the 5th of March 1831, at the county aforesaid, the said Thomas Davis in his lifetime accounted with the plaintiff of and concerning divers sums of…
1Concurrence
DANIEE, J.,
concurred in opinion with Eee, J., that the writing set out in the-declaration was a valid and binding obligation, upon which debt would lie against-Davis for the net balance therein stated: but he concurred with Samuels, J., in the-opinion that the declaration was defective-in not averring that there were no errors in the statement.
The following is the judgment of the court:
It seems to the court here, that the Circuit court erred in holding that the bond whereof the defendant in error made profert: *63in her declaration, and which is made part of the record by oyer, was a bond for…
2Cases cited75 opinions
- In re ClohertyWashington Supreme Court · 1891
- Edwards v. StateWashington Supreme Court · 1891
- Wilkins v. WilkinsWashington Supreme Court · 1890
- In re LybargerWashington Supreme Court · 1891
- Sheehan v. LevyWashington Supreme Court · 1890
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