Higginbotham v. Chamberlayne
Supreme Court of Virginia
IN this case, which was an action of assumpsit in the Superior Court of law for Henrico County, upon the calling of the cause for trial, on the plea of non assumpsit, and before the iurv were sworn, the defendants moved for a continuance, J 1 . “ first, because the plaintiff had not filed his account; condly, because the declaration was blank as to the quantities of wheat and tobacco, and sums of money ; thirdly, because Wyatt Starke, a witness living in Buckingham Countv,…
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IN this case, which was an action of assumpsit in the Superior Court of law for Henrico County, upon the calling of the cause for trial, on the plea of non assumpsit, and before the iurv were sworn, the defendants moved for a continuance, J 1 . “ first, because the plaintiff had not filed his account; condly, because the declaration was blank as to the quantities of wheat and tobacco, and sums of money ; thirdly, because Wyatt Starke, a witness living in Buckingham Countv, (who was sworn by one of the defendants to be material J ' to the defence, and without whose testimony the defendants…
1Opinion of the Court
The president pronounced the court’s opinion, (without deciding the other points occurring in the cause,) that the Superior court erred in not granting a continuance on account of the absence of Wyatt Starke, the witness in the bill of exceptions mentioned; the reason given by the court for rejecting the same being insufficient.
Judgment reversed 5 verdict set aside, and cause remanded for a new trial.
2Cited by11 opinions
- Vanblaricum v. WardIndiana Supreme Court · 1819
- Walton v. CommonwealthSupreme Court of Virginia · 1879
- Phillips v. CommonwealthSupreme Court of Virginia · 1894
- Welch v. CommonwealthSupreme Court of Virginia · 1893
- McDougald v. Central BankSupreme Court of Georgia · 1847
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