Legal Opinion

Alderson v. Bigger's Administrator

Supreme Court of Virginia

Decided November 30, 1815PublishedCited by 2 opinions

THIS was an action of assumpsit, in the Superior Court of Prince Edward county, in favour of Jeremiah Alderson, against James Bigger, administrator of Tommy Bigger, deceased.

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THIS was an action of assumpsit, in the Superior Court of Prince Edward county, in favour of Jeremiah Alderson, against James Bigger, administrator of Tommy Bigger, deceased. The declaration was, “ for this, that the plaintiff, on the *0,b '-W °£ August 1798, in the County Court of Lunenburg, recovered a judgment, in an action of detinue, against the said Tommy Bigger, in his lifetime, for sundry valuable s^aves’ from which judgment the said Tommy Bigger appealed to the District Court, and from thence to the Court of ApPealsi where the judgment of the County Court was affirmed by the Court of…

1Opinion of the Court

Judge Roane

pronounced the court’s opinion, as follows :

This is an action brought by the appellant against the appellee to recover the mesne hires of some slaves, between the day of recovering them by the judgment of the County Court, and that of the final affirmance thereof, on appeal, by *530this court.' 'Although a period of more than eight years e^aPse^ between the rendition of the first and last judgment? no judgment can be given in favour of the appellant, in this action; which must not equally be given in every other case; in cases where the lapse of time is short and reasonable? and the…

2Cases cited1 opinion

  1. Chichester v. VassCourt of Appeals of Virginia · 1797

3Cited by2 opinions

  1. Abbott v. Godfroy's HeirsMichigan Supreme Court · 1849
  2. Hunt's Adm'r v. Martin's Adm'rSupreme Court of Virginia · 1852

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