Green v. Buckner's adm'r
Supreme Court of Virginia
In debt on a bond for 400 dollars executed by Green and Street to Buckner, brought by Buckner in his lifetime, against both obligors, in the county court of Culpeper, the defendants pleaded payment, and the issue was made up on that plea. Buckner died pending the suit, and it was revived by his administrator.
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In debt on a bond for 400 dollars executed by Green and Street to Buckner, brought by Buckner in his lifetime, against both obligors, in the county court of Culpeper, the defendants pleaded payment, and the issue was made up on that plea. Buckner died pending the suit, and it was revived by his administrator. At the trial, the plaintiffs demurred to the evidence adduced by the defendants to prove the payment of the debt, which was as follows: The plaintiff having given the bond in evidence, the defendants proved by a witness, that the defendant Green having sold a slave, and raised money…
1Opinion of the CourtBrockenbrough, J.
There was no reason why the defendants should not have been compelled to join in the demurrer to evidence. The evidence demurred to, was not plainly against the demurrant, and therefore does not come within the influence of the decisions of Thweatt v. Finch, 1 Wash. 217. Wroe v. Washington, Id. 357. and Dunbar v. Beale, 5 Munf. 24. The evidence though parol, was not loose and indeterminate, but explicit, and admitted of no variance. It was therefore, within the rule laid down by judge Roane, in Hyers v. Wood, 2 Call 574. I am of opinion, that the circuit court, in this case, very properly…
2Cases cited4 opinions
- Freytag v. Northern Pacific RailroadWashington Supreme Court · 1890
- Porter v. NekervisCourt of Appeals of Virginia · 1826
- Graham v. CallSupreme Court of Virginia · 1817
- Dunbar v. BealeSupreme Court of Virginia · 1816
3Cited by1 opinion
- National Labor Relations Board v. Ryder System, Inc.Court of Appeals for the Sixth Circuit · 1993