Hunt's Adm'r v. Martin's Adm'r
Supreme Court of Virginia
In June 1845 Sims as administrator of Martin, instituted an action of detinue against Eustace Hunt for the recovery of a number of slaves. The process does not seem to have been served upon Hunt, and an attachment to enforce an appearance was issued and levied on slaves. A judgment was confirmed against Hunt in the office; and at the October term of the Court his death was suggested.
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In June 1845 Sims as administrator of Martin, instituted an action of detinue against Eustace Hunt for the recovery of a number of slaves. The process does not seem to have been served upon Hunt, and an attachment to enforce an appearance was issued and levied on slaves. A judgment was confirmed against Hunt in the office; and at the October term of the Court his death was suggested. At the May term 1846 the suit was revived against Coleman as administrator with the will annexed of Eustace Hunt, upon a scire facias said to be issued on the 11th of March, but it is not in the record, and the…
1Opinion of the Court
D ANIEE, J-,
delivered the opinion of the Court.
The third special plea tendered by the plaintiff in error, whilst it professes in its commencement to be a plea to the whole action, answers only as to the slaves in the declaration mentioned, and is wholly silent as to the damages for detention, and as to the costs of the action against Hunt. On the death of Hunt the defendant in error had a right to demand of his administrator not only the slaves but also the damages for their detention and the costs incurred in prosecuting the original action against Hunt in his lifetime. A plea therefore…
2Cases cited31 opinions
- Yesler v. City of SeattleWashington Supreme Court · 1890
- Robinson v. WoodfordWest Virginia Supreme Court · 1892
- Elam v. Bass's ExecutorsSupreme Court of Virginia · 1814
- Kelly v. Lehigh Mining & Manufacturing Co.Supreme Court of Virginia · 1900
- Turner v. Iowa National BankWashington Supreme Court · 1891
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