Peery's adm'r v. Peery
Supreme Court of Virginia
In June 1869 H. F. Peery recovered a judgment by confession in the County court of Tazewell, against John M. Witten and W. W. Peery, for twelve hundred and forty dollars, with interest from the 8d of January 1861 until paid and costs, $5.88. Prior to June 1873 both the plaintiff H. F. Peery and John M. Witten had died, and James P. Kelly had qualified as administrator of H. F. Peery and as executor of Witten.
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In June 1869 H. F. Peery recovered a judgment by confession in the County court of Tazewell, against John M. Witten and W. W. Peery, for twelve hundred and forty dollars, with interest from the 8d of January 1861 until paid and costs, $5.88. Prior to June 1873 both the plaintiff H. F. Peery and John M. Witten had died, and James P. Kelly had qualified as administrator of H. F. Peery and as executor of Witten. In June 1873 James P. Kelly, as administrator of H. F. Peery, sued out of the clerk’s office of the . County court of Tazewell county a saire facias to revive the said judgment against…
1Opinion of the Court
Anderson J.
delivered the opinion of the court.
The court is of opinion, that the Circuit court erred in overruling plaintiff’s motion to exclude from the jury the testimony of George Deskins, the plea not describing the payment, as the witnesses’ testimony tended to prove, so as to give the plaintiff notice of its nature, as required by section 4, chap. 172, of Code of 1860. The motion to exclude was made and over*324ruled before tbe cause was given to the jury; but it does not appear from the record, that the point was saved by the plaintiff, or any notification given that it would be saved,…
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- Powell v. Tarry's Adm'rSupreme Court of Virginia · 1883
- Page v. CloptonSupreme Court of Virginia · 1878
- Core v. MarpleWest Virginia Supreme Court · 1884
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