Totty's v. Donald & Co.
Supreme Court of Virginia
IN the year 180,3, a company of merchants,-styling them-! selves*u Thomas 1$ Alexander Donald & Co” brought an ac-? tion of assumPsits *n tlie District Court holden at Richmond, against Daniel Totty, William Tatty, and Edward Totty, executors of Thomas To.tty, deceased.
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IN the year 180,3, a company of merchants,-styling them-! selves*u Thomas 1$ Alexander Donald & Co” brought an ac-? tion of assumPsits *n tlie District Court holden at Richmond, against Daniel Totty, William Tatty, and Edward Totty, executors of Thomas To.tty, deceased. The writ, being returned “ executed on Daniel Tattyl and , the other defendants, no inhabitants, was abated as to ihem-(a) The plaintiffs having filed their declaration, (in which the names of the partners in tlie firm were not set forth, except Thomas and Alexander Donalds,) the defendant Da-. Totty appeared, and pleaded non…
1Opinion of the Court
The president pronounced the court’s opinion, that “ there being no rejoinder, the special replication to the second plea was no issue on that plea, to wit, the act of limitations.”
Judgment reversed ; verdict set aside ; and cause remanded for further proceedings.
Note. But see Brewer vs. Tarpley, 1 Wash. 364; Walden’s Executor vs. Payne. 2 Wash. 7, 8 ; and Turberville vs. Self, 2 Wash. 71, 72.
2Cases cited3 opinions
- Skagit Railway & Lumber Co. v. ColeWashington Supreme Court · 1891
- Carstens v. McReavyWashington Supreme Court · 1890
- Pettygrove v. RothschildWashington Supreme Court · 1891
3Cited by10 opinions
- Shrewsbury v. MillerWest Virginia Supreme Court · 1877
- Barber v. SmithMichigan Supreme Court · 1879
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Griffie v. McCoyWest Virginia Supreme Court · 1875
- Ives v. MuhlenburgAppellate Court of Illinois · 1907
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