Lavell v. Gold's Adm'r
Supreme Court of Virginia
This was a suit in equity in the Circuit court of Rockbridge county, instituted in June 18S9 by Abraham Bavell against William M. Gold’s administrator, to set up and recover the amount of a bond for $1,701, which the plaintiff alleged William M. Gold had executed to him on the 5th of September, 1856, and which he had lost in October 1858; and upon which there was endorsed a credit for $400, and another for $200. Gold’s administrator answered, and admitting that *possibly the…
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This was a suit in equity in the Circuit court of Rockbridge county, instituted in June 18S9 by Abraham Bavell against William M. Gold’s administrator, to set up and recover the amount of a bond for $1,701, which the plaintiff alleged William M. Gold had executed to him on the 5th of September, 1856, and which he had lost in October 1858; and upon which there was endorsed a credit for $400, and another for $200. Gold’s administrator answered, and admitting that *possibly the plaintiff held the bond of his intestate, on which a small balance might be due, he •believes said bond was not lost,…
1Opinion of the CourtAnderson, J.
Where an issue out of chancery was directed to be tried at the bar of the common law court, it was a *well established rule of practice, before the common law and chancery jurisdictions were united in the same judge, that the verdict of the jury should be certified by the judge before whom the issue was tried to the chancellor; and that a motion to set aside the verdict, and to direct a new trial, could not be entertained by the common law court, but must be made in the chancery court. But if the judge of the common law court, certified to the chancellor that the verdict was against evidence,…
2Cases cited97 opinions
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
- Linbeck v. StateWashington Supreme Court · 1890
- Nicholas v. CommonwealthSupreme Court of Virginia · 1895
- Fishburne & Wife v. Ferguson's HeirsSupreme Court of Virginia · 1887
- Jarrett v. JarrettWest Virginia Supreme Court · 1877
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