Legal Opinion
Nicholson v. Dixon's Heir
Supreme Court of Virginia
Decided November 9, 1816PublishedCited by 7 opinions
i THE Appellant John Nicholson, as surviving partner of . John and Joshua Nicholson, who were assignees of Robert Matthews, brought an action of Debt against John Dixon, heir and devisee of John Dixon deceased. Upon a general Demurrer to the declaration, the Superior Court of law entered judgment for the defendant, to which a Writ of Supersedeas was awarded.
1Opinion of the Court
November 9th 1816,
Judge Roane
prónounced the following opinion of this Court:—
“ The Court is of opinion, that the declaration in this case “ is insufficient to warrant a Judgment on behalf of the present “ Appellant, in this; that it only avers a non-payment of the “ debt sued for to Robert Matthews the obligee, and to the “ plaintiff, but does not aver a non-payment to John and Joshua “ Nicholson the immediate assignees of the said- Matthews, or “ either of them, during the life of the said Joshua, which “ Joshua, the Appellant, is stated to have survived : and al= “ though, in point of law,…
2Cases cited1 opinion
- Norvell v. HudginsSupreme Court of Virginia · 1815
3Cited by7 opinions
- Douglass v. Central Land Co.West Virginia Supreme Court · 1878
- Reynolds v. HurstWest Virginia Supreme Court · 1881
- Ragsdale v. HagySupreme Court of Virginia · 1852
- Davis' Adm'rs v. MeadSupreme Court of Virginia · 1856
- Ward v. ChurnSupreme Court of Virginia · 1868
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