Grigg v. Dalsheimer
Supreme Court of Virginia
This was a petition for a writ of prohibition, the case being as follows: At the second July rules, 1890, of the circuit court of the city of Richmond, the respondent, Simon Dalsheimer, trading as S. Dalsheimer & Bro., filed his declaration in assumpsit against the petitioners here, Grigg & Cross, to recover the sum of $162 for goods theretofore sold to the defendants, the said Grigg & Gross.
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This was a petition for a writ of prohibition, the case being as follows: At the second July rules, 1890, of the circuit court of the city of Richmond, the respondent, Simon Dalsheimer, trading as S. Dalsheimer & Bro., filed his declaration in assumpsit against the petitioners here, Grigg & Cross, to recover the sum of $162 for goods theretofore sold to the defendants, the said Grigg & Gross. Accompanying the declaration was an affidavit stating that the itemized account sued on was justly due, and claiming interest thereon. At the same rules the defendants appeared and filed a plea of…
1Opinion of the Court
Lewis, P.
(after stating the case), delivered the opinion of the court.
Section 3286 off the Code provides that when in an action of assumpsit for money (except where the process is served by publication), an affidavit is filed with the declaration, stating that the amount claimed is justly due, and the time from which interest is claimed, no plea in bar shall be received, either at rules or in court, unless accompanied by an affidavit in support thereof. And then it is further enacted that “ if such plea and affidavit be not filed by the defendant, there ' shall be no inquiry of damages, but…
2Cases cited4 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- McVeigh v. United StatesSupreme Court of the United States · 1871
- Nelms v. VaughanSupreme Court of Virginia · 1888
- State ex rel. Scott v. SmithSupreme Court of Missouri · 1891
3Cited by20 opinions
- Estate of DavisCalifornia Supreme Court · 1907
- County School Board of Tazewell County v. SneadSupreme Court of Virginia · 1956
- Moreland v. MorelandSupreme Court of Virginia · 1908
- Hassinger v. HoltWest Virginia Supreme Court · 1899
- Carpenter v. GraySupreme Court of Virginia · 1912
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