Dawes v. New York, Philadelphia & Norfolk R. Co.
Supreme Court of Virginia
Error to a judgment of the Law and Chancery Court of the city of Norfolk in an action of assumpsit wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant. In March, 1892, the plaintiff in error and a number of others instituted a suit in equity to enjoin the defendant in error from collecting of them illegal wharfage, and for an account of the sums already illegally demanded and collected on that account.
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Error to a judgment of the Law and Chancery Court of the city of Norfolk in an action of assumpsit wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant. In March, 1892, the plaintiff in error and a number of others instituted a suit in equity to enjoin the defendant in error from collecting of them illegal wharfage, and for an account of the sums already illegally demanded and collected on that account. On appeal to this court it was held that the complainants in that suit were not entitled to the account prayed for. New York, etc. R. Co. v. Williams…
1Opinion of the CourtRiely, J.
It is plain that this suit, under the pleadings, cannot be maintained unless the right to bring it is preserved by sec. 2934 of the Code, for otherwise, as is conceded, the entire claim is barred by the statute of limitations.
Whether the right to bring it is so preserved depends upon the sense in which the word “action” is used in that section; whether the Legislature, in enacting the law, used the word in a technical sense and meant it to apply only to actions at law, or also to include suits in equity.
The phraseology of the statute admits of no doubt as to its proper construction. Such of…
2Cases cited3 opinions
- Roland v. LoganSupreme Court of Alabama · 1850
- Barker v. MillardNew York Supreme Court · 1837
- Gray's Administratrix v. BerrymanSupreme Court of Virginia · 1814
3Cited by6 opinions
- Tyson v. ScottSupreme Court of Virginia · 1914
- Jones v. Morris Plan BankSupreme Court of Virginia · 1938
- Rosenthal v. MaletzMassachusetts Supreme Judicial Court · 1948
- Lamson v. HutchingsCourt of Appeals for the Seventh Circuit · 1902
- Browning v. BrowningWest Virginia Supreme Court · 1919
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