Rea's adm'x v. Trotter & Bro.
Supreme Court of Virginia
This was an action of assumpsit in the Circuit court of Frederick county, brought in September 1869 by Trotter & Brother, partners, against William J. Rea, to recover the value of certain manufactured tobacco which the plaintiffs had stored with Rea in July 1864. There was a trial of the cause in June 1872, when Rea was examined as a witness; but after the ease had been submitted to the jury to consider of their verdict,, and they had been adjourned over to the next day, one…
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This was an action of assumpsit in the Circuit court of Frederick county, brought in September 1869 by Trotter & Brother, partners, against William J. Rea, to recover the value of certain manufactured tobacco which the plaintiffs had stored with Rea in July 1864. There was a trial of the cause in June 1872, when Rea was examined as a witness; but after the ease had been submitted to the jury to consider of their verdict,, and they had been adjourned over to the next day, one of them failed to appear, and the cause was continued. At the October term of the court the death of Rea was suggested…
1Opinion of the Court
Moncure, P.
delivered the opinion of the court.
The court is of opinion, that Mr. John J. Williams was a competent witness for the plaintiffs, notwith*591standing Ms relation to them as their attorney in the cause; and therefore the Circuit court did not err in overruling the defendants’ objection to the competency of said witness, and in admitting the said witness, as stated in the defendants’ bill of exceptions, No. 1.
The court is further of opinion. that the Circuit court did not err in overruling the defendants’ objection to the papers marked A and C, referred to in the defendants’ bill of…
2Cited by21 opinions
- McMechen v. McMechenWest Virginia Supreme Court · 1881
- Hyman v. Porter (In Re Porter)United States Bankruptcy Court, E.D. Virginia · 1984
- Nicholas v. KershnerWest Virginia Supreme Court · 1882
- Honesty v. CommonwealthSupreme Court of Virginia · 1886
- Hurst's Adm'r v. HiteWest Virginia Supreme Court · 1882
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