Legal Opinion

Totty's v. Donald & Co.

Supreme Court of Virginia

Decided October 11, 1815PublishedCited by 10 opinions

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

  1. Skagit Railway & Lumber Co. v. ColeWashington Supreme Court · 1891
  2. Carstens v. McReavyWashington Supreme Court · 1890
  3. Pettygrove v. RothschildWashington Supreme Court · 1891

3Cited by10 opinions

  1. Shrewsbury v. MillerWest Virginia Supreme Court · 1877
  2. Barber v. SmithMichigan Supreme Court · 1879
  3. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  4. Griffie v. McCoyWest Virginia Supreme Court · 1875
  5. Ives v. MuhlenburgAppellate Court of Illinois · 1907

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