Kinzie v. Riely's Executors
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Botetourt county, rendered October 31, 1901, in an action of debt, wherein the defendants in error were the plaintiffs, and the plaintiff in error and another were the defendants.
1Opinion of the CourtBuchanan, J.
George Bieley instituted his action of debt upon a bond for the payment of money executed by Henry Garst, Jr., John H. Garst, Jr., and Joseph 0. Kinzie, mating as defendants thereto the last two named obligors, and the personal representative of ITenry Garst, Jr.
By leave of the court the action was dismissed as to the personal representative of the deceased obligor. The defendants, the surviving obligors, filed a general plea of payment, and a *711special plea under section 3299 of the Code, to which latter plea the plaintiff filed his demurrer, and the cause was continued.
At the next term of…
2Cases cited9 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Mangus v. McClellandSupreme Court of Virginia · 1895
- Columbia Accident Ass'n v. RockeySupreme Court of Virginia · 1896
- Watkins v. West Wytheville Land & Improvement Co.Supreme Court of Virginia · 1895
- Payne v. ZellSupreme Court of Virginia · 1900
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3Cited by8 opinions
- Leterman v. Charlottesville Lumber Co.Supreme Court of Virginia · 1910
- Norfolk & Western Railway Co. v. SpearsSupreme Court of Virginia · 1909
- Graham v. MeddlebyMassachusetts Supreme Judicial Court · 1913
- Chesapeake & Ohio Railway Co. v. Newton's AdministratorSupreme Court of Virginia · 1915
- Newport News & Old Point Railway & Electric Co. v. BickfordSupreme Court of Virginia · 1906
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