Carter v. Wharton
Supreme Court of Virginia
Error to judgment of circuit court of Richmond county, rendered April 19th, 1884, in an action of covenant wherein E. L. Wharton was plaintiff and M. A. Carter was defendant. Judgment was rendered against defendant for $609.25 and costs. Before the trial, defendant’s motion for a continuance being overruled, he excepted. The evidence was certified. And to the judgment he obtained from one of the judges of this court a writ of error and supersedeas.
1Opinion of the CourtRichardson, J.
There is a single point only for investigation and decision here. The question thus presented by the record arises on the refusal of the court below to grant a continuance on the motion of the defendant at the term at which the trial was had and the judgment rendered. A very brief history of the case will suffice.
The plaintiff below sued out his writ on the 30th of August, 1883, returnable to first Monday in September, 1883, summoning the defendant below to answer a plea of covenant broken, for $1,000 damages. ' On the next day, the writ was returned executed. At the September rules, and at…
2Cases cited3 opinions
- Hewitt v. CommonwealthSupreme Court of Virginia · 1867
- Keesee v. Border Grange BankSupreme Court of Virginia · 1883
- Walton v. CommonwealthSupreme Court of Virginia · 1879
3Cited by3 opinions
- Harman v. HoweSupreme Court of Virginia · 1876
- Harman v. HoweSupreme Court of Virginia · 1876
- Harman v. HoweSupreme Court of Virginia · 1876