Priddy & Taylor v. Hartsook
Supreme Court of Virginia
Error to judgment of circuit court of Albemarle county, rendered 27th May, 1884, in an action of assumpsit, wherein Priddy & Taylor are plaintiffs, and Elizabeth H. Hartsook is defendant, requiring plaintiffs by the next term to elect whether they will prosecute this action, or the chancery suit wherein they filed their bill, in said court at April rules, 1884, for the same matter involved in this action.
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Error to judgment of circuit court of Albemarle county, rendered 27th May, 1884, in an action of assumpsit, wherein Priddy & Taylor are plaintiffs, and Elizabeth H. Hartsook is defendant, requiring plaintiffs by the next term to elect whether they will prosecute this action, or the chancery suit wherein they filed their bill, in said court at April rules, 1884, for the same matter involved in this action. From this judgment the plaintiffs obtained a writ of error and supersedeas from one of the judges of this court. Opinion states the case.
1Opinion of the CourtHinton, J.
*68The record in this case shows that in December, 1883, the plaintiffs in error, being creditors of the defendant in error, brought a suit at law in the circuit court of the county of Albemarle to recover a judgment for $783.11, the amount of their debt. At February term of the court in 1884, the defendant filed the plea of non assumpsit, but no other plea, and the case went over without trial to the May term. At April rules, 1884, the plaintiffs in error filed a bill in equity in behalf of themselves and other lien creditors, to enforce the provisions of a deed of trust by which the defendant…
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