Legal Opinion

Nelson's adm'r v. Armstrong

Supreme Court of Virginia

Decided January 15, 1849PublishedCited by 10 opinions

In January 183S, Wilson C. Nelson obtained from the honourable John B. Clopton an injunction to two judgments recovered by James Cocke, administrator of Isaac Cocke deceased, against said Nelson, in the Circuit Court of King William, In his bill he charged, that in the year 1834, William B. Armstrong had won from him at cards the sum of 267 dollars; that soon afterwards Armstrong had drawn two drafts upon him in favour of Isaac Cocke, on account of the money thus won from…

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In January 183S, Wilson C. Nelson obtained from the honourable John B. Clopton an injunction to two judgments recovered by James Cocke, administrator of Isaac Cocke deceased, against said Nelson, in the Circuit Court of King William, In his bill he charged, that in the year 1834, William B. Armstrong had won from him at cards the sum of 267 dollars; that soon afterwards Armstrong had drawn two drafts upon him in favour of Isaac Cocke, on account of the money thus won from him, one for the sum of 134 dollars, payable on the first of October 1835, and the other for 133 dollars, payable the…

1Opinion of the CourtBaldwin, J.

The Court is of opinion, that the Circuit Court erred in dissolving the appellant’s injunction and dismissing *357his bill, instead of directing issues to be tried by a jury for the purpose of ascertaining : 1. What was the consideration of the debt from Wilson C. Nelson to William B. Armstrong, for which the orders in the proceedings mentioned were drawn by the said Armstrong upon said Nelson, in favour of Isaac Cocke. 2. If the consideration of the said debt was money won by the said Armstrong from the said Nelson at unlawful gaming, did the said Cocke take the said Nelson’s acceptances of said…

2Cited by10 opinions

  1. Wise v. LambSupreme Court of Virginia · 1852
  2. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  3. Harman v. HoweSupreme Court of Virginia · 1876
  4. Harman v. HoweSupreme Court of Virginia · 1876
  5. Harman v. HoweSupreme Court of Virginia · 1876

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