Creekmur v. Creekmur
Supreme Court of Virginia
This was an action of ejectment brought in the circuit court of Norfolk county, Va., by Margaret M. Creekmur and Almira Creekmur, infants under the age of twenty-one years, suing by Edwin H. Creekmur, their next friend, and the said Edwin H. in his own right, against Peter E. Creekmur, to recover the possession of a certain tract of land in said county.
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This was an action of ejectment brought in the circuit court of Norfolk county, Va., by Margaret M. Creekmur and Almira Creekmur, infants under the age of twenty-one years, suing by Edwin H. Creekmur, their next friend, and the said Edwin H. in his own right, against Peter E. Creekmur, to recover the possession of a certain tract of land in said county. The facts of the case are sufficiently stated in the opinion of Staples, J. On the trial in the court below, after all the evidence was adduced on both sides, the plaintiffs demurred to the defendant’s evidence, in which the defendant was…
1Opinion of the CourtStaples, J.
The decisions of this court have established a wide distinction between the effect of a demurrer to evidence and a motion for a new trial, founded upon a certificate of the evidence. In the latter case, the exceptor waves all his own testimony, which is merely oral, and must succeed, if at all, by showing that the verdict of the jury is erroneous upon the testimony of the successful party. Upon a demurrer to the evidence, the demurrant is considered as admitting the truth of his adversary’s evidence, and all just inferences which might properly be drawn therefrom by a jury. He is also…
2Cases cited3 opinions
- Kincheloe v. TracewellsSupreme Court of Virginia · 1854
- Koiner v. Rankin's heirsSupreme Court of Virginia · 1854
- Humbert v. Rector of Trinity ChurchCourt for the Trial of Impeachments and Correction of Errors · 1840
3Cited by57 opinions
- Reusens v. LawsonSupreme Court of Virginia · 1895
- Ralston v. Town of WestonWest Virginia Supreme Court · 1899
- Parkersburg Industrial Co. v. SchultzWest Virginia Supreme Court · 1897
- Sulphur Mines Co. v. Thompson's HeirsSupreme Court of Virginia · 1896
- Hogan v. BlakneyIdaho Supreme Court · 1952
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