Harvey v. Skipwith
Supreme Court of Virginia
Thiis was an action on the case in the Circuit court of the city of Richmond, brought by Mary Skipwith against Robert Harvey,to recover damages for an injury done to a slave named Jefferson hired by the former to the latter, for the .year 1853. The action was brought to the October rules 1854, when the declaration was filed; in which after setting out the. hiring of the slave by the plaintiff to the defendant for the year .1853 at the price of $140, it was averred that the…
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Thiis was an action on the case in the Circuit court of the city of Richmond, brought by Mary Skipwith against Robert Harvey,to recover damages for an injury done to a slave named Jefferson hired by the former to the latter, for the .year 1853. The action was brought to the October rules 1854, when the declaration was filed; in which after setting out the. hiring of the slave by the plaintiff to the defendant for the year .1853 at the price of $140, it was averred that the hiring was “upon the terms and the distinct understanding and agreement that the said, slave should not be employed in…
1Opinion of the CourtDaniel, J.
The Circuit court did right, in refusing to quash the writ, and also in refusing to receive the two pleas tendered by the plaintiff in error in abatement of the writ. Objections which do not go to the substance of an action are treated as waived if not made when the occasion for them arises. It is a well established rule that by appearing and pleading to the action the defendant waives all defects in the process and in the service thereof. The cases go further and imply such a waiver from the defendants taking or consenting to a continuance, as fully as they do from his pleading to the…
2Cases cited1 opinion
- Towner v. Lucas' ex'orSupreme Court of Virginia · 1857
3Cited by24 opinions
- New River Mineral Co. v. PainterSupreme Court of Virginia · 1902
- Mahany v. KephartWest Virginia Supreme Court · 1879
- Layne v. Ohio River R'dWest Virginia Supreme Court · 1891
- Morgan v. Ohio River R.West Virginia Supreme Court · 1894
- Lane Bros. & Co. v. BausermanSupreme Court of Virginia · 1904
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