Sydnor v. Burke
Court of Appeals of Virginia
Appeal from the Superior Court of Richmond county. Burke and his wife brought an action of detinue against Sydnor, for “ certain goods and chattels, slaves and stocks, of the value of. $2000, to wit: Billy, a slave, of the value of $500; Allen, a slave, of the value of $800; 28 head of horned cattle, of the value of $ 280; 5 horses, of the value of $250; a stock of hogs, of the value of $20; one set of blacksmiths’ tools, of the value of $ 30; and four beds and furniture, of…
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Appeal from the Superior Court of Richmond county. Burke and his wife brought an action of detinue against Sydnor, for “ certain goods and chattels, slaves and stocks, of the value of. $2000, to wit: Billy, a slave, of the value of $500; Allen, a slave, of the value of $800; 28 head of horned cattle, of the value of $ 280; 5 horses, of the value of $250; a stock of hogs, of the value of $20; one set of blacksmiths’ tools, of the value of $ 30; and four beds and furniture, of the value of $ 120.” The declaration avers property in both the plaintiffs, and lays their damages in $500. There is no…
1Opinion of the Court
Judge Co alter.
Although the record states that the jury were sworn to try the issue joined, yet, unless we can look to the plea which was directed to be entered nunc pro tunc, at a subsequent Term after the judgment, by way of amendment of the record, there was no plea entered, nor issue made up, in the cause. As to the amendment in question, it was n »t one justified by the Act of Assembly, (1 Rev. Code, ch. 128, sec. 108,) and could not be made at. a subsequent Term, independent of that Act, as has been decided in this Court, in many cases. Without deciding, therefore, on any other point…
2Cited by12 opinions
- State v. DouglassWest Virginia Supreme Court · 1882
- Hickman v. Baltimore & O. R. R.West Virginia Supreme Court · 1887
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Ruffner v. HillWest Virginia Supreme Court · 1882
- Brown v. CunninghamWest Virginia Supreme Court · 1883
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