Henry Myers & Co. v. Lewis
Court of Appeals of Virginia
Error to a judgment of the Hustings Court, Part II, of the city of Richmond, in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error.
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Error to a judgment of the Hustings Court, Part II, of the city of Richmond, in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. Statement op the Case and Facts by Sims, J. This is a civil action of J. H. Lewis, a retail merchant, defendant in error (plaintiff in the court below) against the plaintiffs in error (defendants in the court below), a manufacturing and mercantile partnership, composed of two partners, Louis Jandorf and Sydney Greenbaum, for damages for a libel contained in a certain letter written to the said Lewis by one of said partners, signing…
1Opinion of the Court
Sims, J.,
after making the foregoing statement delivered the opinion of the court.
With regard to the two preliminary questions above referred to, we deem it sufficient to say:
With reference to whether the return on the process above quoted was “under oath” as required by section 3232 of the Code of Virginia:
We think the trial court correctly ruled that such return was under oath as required by the statute referred to, the affidavit accompanying the return evidencing that fact.
With reference to whether, on motion of defendants to quash the attachment on the ground that “one partner cannot bind…
2Cases cited27 opinions
- Washington Gas Light Co. v. LansdenSupreme Court of the United States · 1899
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- Chester v. . DickersonNew York Court of Appeals · 1873
- Castle v. BullardSupreme Court of the United States · 1860
- Grinnell v. PhillipsMassachusetts Supreme Judicial Court · 1805
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