Shields v. Oney
Supreme Court of Virginia
AN action of assumpsit was brought in the County Court of Montgomery, by the Appellant against Oney and Lyle as merchants and partners. By his direction, the Writ was served on Oney alone, and all the subsequent proceedings were against him, although the declaration filed in the cause was against Oney and Lyle.
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AN action of assumpsit was brought in the County Court of Montgomery, by the Appellant against Oney and Lyle as merchants and partners. By his direction, the Writ was served on Oney alone, and all the subsequent proceedings were against him, although the declaration filed in the cause was against Oney and Lyle. Issue being joined on the piea of non assump sit, the plaintiff, at the trial, introduced a witness, who proved that, “ between the 13th day of November, 1804, and the 9th “ day of December, in the same year, he acted as store-keeper “ for the plaintiff; that the plaintiff had an…
1Opinion of the Court
April 3d, 1817,
Judge Roane
pronounced the Court’s opinion.
The Court is of opinion, that, although in actions against copartners, iho plaintiff is bound to sue them all, he will be excused for not doing so, until, by a plea of abatement, ho shall have been informed, who the other partners are : that an omission of such plea on the part of the defendant is a waiver of the objection by him ; and that he sliail not be admitted to give it in evidence on the trial, even although it should also appear, in evidence, that the plaintiff knew who the real partners were. This plea is not, however,…
2Cited by3 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Bush v. CampbellSupreme Court of Virginia · 1875
- Edmondson v. BarrellU.S. Circuit Court for the District of District of Columbia · 1821