Legal Opinion

Preston v. Salem Improvement Co.

Supreme Court of Virginia

Decided July 11, 1895PublishedCited by 9 opinions

Error to a judgment of the Circuit Court of Washington, county, rendered Ap'ril, 6, 1894, in a proceeding by motion wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was a proceeding by motion under section 3211 of the Code, to recover a judgment against the defendant on two negotiable notes for the sum of $200 each, subject to a credit for $200.15 endorsed on one of the notes.

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Error to a judgment of the Circuit Court of Washington, county, rendered Ap'ril, 6, 1894, in a proceeding by motion wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was a proceeding by motion under section 3211 of the Code, to recover a judgment against the defendant on two negotiable notes for the sum of $200 each, subject to a credit for $200.15 endorsed on one of the notes. The defendant appeared, by counsel, but declined to plead or tender an issue, and ashed for a jury “to try the case.” This was refused, and a judgment was rendered by…

1Opinion of the CourtHarrison, J.

This case does not involve the amount required by statute to entitle the plaintiff to a hearing by this court. It is, however, contended that there is a constitutional question involved which brings the case within the jurisdiction of this court.

The question presented is, can a defendant, in a motion under section 3211, Code of Yirginia, 1887, claim a trial by a jury, as of right, without tendering an issue ?

When the case was called in the court below, the defendant declined to plead oi tender any issue of fact, claiming the right, as this was a summary proceeding, to go to trial, with out…

2Cases cited1 opinion

  1. Ruffner v. HillWest Virginia Supreme Court · 1882

3Cited by9 opinions

  1. Chicago, R. I. & P. Ry. Co. v. GrovesSupreme Court of Oklahoma · 1908
  2. Duncan v. CarsonSupreme Court of Virginia · 1920
  3. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  4. Deatrick's Administrator v. State Life InsuranceSupreme Court of Virginia · 1907
  5. Whitley v. Booker Brick Co.Supreme Court of Virginia · 1912

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