Washington & New Orleans Telegraph Co. v. Hobson & Son
Supreme Court of Virginia
This was an action on the case in the Circuit court of the city of Richmond, instituted by John C. Hob-son & Son against the Washington and New Orleans Telegraph Company.
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This was an action on the case in the Circuit court of the city of Richmond, instituted by John C. Hob-son & Son against the Washington and New Orleans Telegraph Company. The declaration alleged that the defendants sent messages for hire; that the plaintiffs wishing to send a message or order to a commercial house in Mobile for the purchase on their account of five hundred bales of cotton, on the 2d of March 1854 delivered to the defendants at the city of Richmond a message to Robert W. Smith & Co. at Mobile, to be by the defendants conveyed by telegraph to Smith & Co. and paid the defendants…
1Opinion of the CourtDaniel, J.
I think it is quite clear, that the Circuit court committed no error in overruling the motion to arrest the judgment. Had the fact, upon the assumption of which the motion was grounded, namely, that the parties defendant to the action “ were residents of other and different states than Virginia,” been fully proved, it would have presented no reason for arresting the judgment. No question of jurisdiction arising upon such supposed fact could he-made, except by plea in abatement offered before the defendants had pleaded in bar. Code, ch. 171, § 19, p. 648.
It seems to me, also, free from serious…
2Cited by40 opinions
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- W. U. Tel. Co. v. EdsallTexas Supreme Court · 1885
- Gilmer v. SydenstrickerWest Virginia Supreme Court · 1896
- Wickes v. B & O. R. R.West Virginia Supreme Court · 1878
- Western Union Telegraph Co. v. Reynolds Bros.Supreme Court of Virginia · 1883
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