Goodell's Ex'ors v. Gibbons
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Smyth county, rendered March ~9, 1894, in action of c8SIJ4'fl428'it wherein the defendant in error was the plaintiff, and the plaintiffs in error were the defendants.
1Opinion of the Court
Keith, P.,
delivered tlie opinion of the court.
This was an action of trespass on the case in assumpsit^ brought by O. M. Gibbons for the benefit of Mary E. Kloeber, plaintiff, against the executors of Goodell to recover 1469.18, for the price of a certain bill of lumber sold to the defendants’ testator in his life time. The plaintiffs in error, who were the defendants in the court below, in the petition of appeal to this court, set out several grounds of error which will be briefly noticed.
Eirst—That the defendants moved the court to continue the case until a succeeding term on account of the…
2Cases cited1 opinion
- Lewis v. Mason's Adm'rSupreme Court of Virginia · 1885
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- Witt v. CreaseySupreme Court of Virginia · 1915
- Peters v. HangerCourt of Appeals for the Fourth Circuit · 1904
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