Coffman & Richardson v. Russell
Supreme Court of Virginia
An action of debt on a single bill was brought by John Russell, assignee of James Russell, against Jacob Coffman ’ ’ ° ’ b ■" and William Richardson in the County Court of Shenan* doah. The bail for appearance pleaded the “ statute of usury,” for the defendants; to which plea the plaintiff replied generally, and issue thereupon was joined. Jacob Coffman af1 * J ■" terwards filed a special plea, charging the usury larly ; — to which the plaintiff also replied generally.
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An action of debt on a single bill was brought by John Russell, assignee of James Russell, against Jacob Coffman ’ ’ ° ’ b ■" and William Richardson in the County Court of Shenan* doah. The bail for appearance pleaded the “ statute of usury,” for the defendants; to which plea the plaintiff replied generally, and issue thereupon was joined. Jacob Coffman af1 * J ■" terwards filed a special plea, charging the usury larly ; — to which the plaintiff also replied generally. A verdiet was found for the defendant, and a new trial granted, , . . . . » , on the plamufl s motion, upon ins paying costs.…
1Opinion of the Court
Judge Roane
reported the court’s opinion, as follows :
“ The court, (not deciding that it was correct in the county court, in the lirst action, after a verdict had been found for the defendants, and a new trial granted on condition of the payment of costs by the plaintiff, (which condition not having been complied with by him, the verdict is supposed to have remained in full force,) to permit the plaintiff, under those circumstances, to dismiss his cause, and to render judgment for the costs, only, instead of a judgment upon that verdict for the defendants,) is of opinion, that, such dismission…
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- Staunton Mutual Telephone Co. v. BuchananSupreme Court of Virginia · 1908
- Toney v. Sandy Ridge Coal & Coke Co.West Virginia Supreme Court · 1919
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