Parsons v. Harper
Supreme Court of Virginia
This was an action for trespass on the case in the Circuit court of Randolph county, brought in August, 1856, by William J, Harper against Solomon Parsons. The declaration contains eleven counts, the first of which is as follows: Virginia, Randolph county to wit: William J. Harper complains of Solomon Parsons,'who hath been summoned in a plea of trespass on the case.
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This was an action for trespass on the case in the Circuit court of Randolph county, brought in August, 1856, by William J, Harper against Solomon Parsons. The declaration contains eleven counts, the first of which is as follows: Virginia, Randolph county to wit: William J. Harper complains of Solomon Parsons,'who hath been summoned in a plea of trespass on the case. First-count.—For that the said Solomon Parsons, on the 29th day of October, 1855, at the county ' aforesaid, had pending in the Circuit court of Randolph county, an action of trespass on the case in his favor against the said…
1Opinion of the CourtBee, J.
The first point made for the plaintiff in error is upon the demurrer to the whole declaration for alleged misjoinder of counts'. Some of the counts are upon causes of action for which trespass could certainly be maintained, and these, it is said, could not be united in the same declaration with the others which are strictly appropriate to the action of trespass on the case.
*That this would be so at common law, there is no doubt, and such misjoinder would be fatal on general demurrer. Our statute however in relation to the action of trespass on the case, has, I think, materially modified the…
2Cited by26 opinions
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- Grubb v. BurfordSupreme Court of Virginia · 1900
- Forbes & Allers v. HagmanSupreme Court of Virginia · 1881
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