Hoover v. Mitchell
Supreme Court of Virginia
This was an action on the case in the Circuit court of Augusta county, brought by Joseph T. Mitchell against George F. Hoover and Robert G. Bickle, to recover the amount which Mitchell had paid as endorser of a note made by John D. Fairbairn, and on which the defendants were also endorsers. The plaintiff charged that the defendants were to endorse the note before him, and had fraudulently placed their names after his on the paper.
Read the full summary
This was an action on the case in the Circuit court of Augusta county, brought by Joseph T. Mitchell against George F. Hoover and Robert G. Bickle, to recover the amount which Mitchell had paid as endorser of a note made by John D. Fairbairn, and on which the defendants were also endorsers. The plaintiff charged that the defendants were to endorse the note before him, and had fraudulently placed their names after his on the paper. The defendants appeared and pleaded “not guilty,” and the Statute of Bimita-tions, and also tendered a special plea of a former judgment of the court for the same…
1Opinion of the Court
ANDFRSON, J,
delivered the opinion of the court.
The court is of opinion that the judgment of a court of competent jurisdiction, dismissing a suit agreed, upon the ground that it had been agreed by the parties, is a final determination, as to those parties, of the matters litigated in that suit. It is virtually an acknowledgment by the plaintiff in open court, as in retraxit, that the plaintiff has no cause of action, or rather, no further cause of action. It is not merely an abandonment of his suit by the plaintiff, as in a non-suit; it is the concurrent action of both parties. It is a…
2Cases cited1 opinion
- Coffman & Richardson v. RussellSupreme Court of Virginia · 1814
3Cited by2 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Siron v. Ruleman's ex'orSupreme Court of Virginia · 1879