Legal Opinion · Concurrence

Snead v. Coleman

Supreme Court of Virginia

Decided April 15, 1851Published

This was an action of debt in the Circuit court of Henrico county, by Hawes Coleman and Mary G. his wife against Jesse Snead. The language of the writ was, “We command you that you take Jesse Snead executor of JohnG. Crouch deceased, ” &c. And the endorsement on the writ was, “An action of debt on a promissory note, and no bail required.”

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This was an action of debt in the Circuit court of Henrico county, by Hawes Coleman and Mary G. his wife against Jesse Snead. The language of the writ was, “We command you that you take Jesse Snead executor of JohnG. Crouch deceased, ” &c. And the endorsement on the writ was, “An action of debt on a promissory note, and no bail required.” The declaration was in the name of Hawes Coleman and Mary G. his wife, who before her intermarriage with said Coleman, was Mary G. Crouch, and complained of Jesse Snead as executor of John G. Crouch deceased, defendant, in custody, &c., of a plea that the…

1Concurrence

ALLEN, J.,

concurred with Judge Baldwin in the opinion that the judgment should have been de bonis testatoris; and that the error was a clerical misprision which might have been corrected in the Court below: but thought that as the case was in this Court it might be corrected here.

AHENDMENTS.

I. Of Equity Pleading's.

A. In General.

1. Of Bills.

See monographic note on “Amended Bills” appended to Belton v. Apperson, 26 Gratt. 207.

3. Of Pleas.

3. Of Replications.

4. Of Answers,

a. In General.

t>. Grounds.

c. Rule When Answers Were under Oath.

d. At and after Hearing.

II. Of Pleadings and Proceedings at…

2Cases cited123 opinions

  1. Yesler v. City of SeattleWashington Supreme Court · 1890
  2. In re ClohertyWashington Supreme Court · 1891
  3. Barnes v. CommonwealthSupreme Court of Virginia · 1895
  4. Carstens v. McReavyWashington Supreme Court · 1890
  5. Connell's Ex'ors v. Chesapeake & Ohio Ry. Co.Supreme Court of Virginia · 1896

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