Davis v. Marshall
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Rocking-ham county. Decree for the defendant. Complainant appeals.
1Opinion of the CourtBuchanan, J.
(after making the foregoing statement), delivered the opinion of the court.
Error is assigned to the action of the court in sustaining the demurrer to the original as well as the demurrer to the amended bill.
No assignment of error can be considered here as to the action of the trial court in sustaining the demurrer to the original bill. Where a party, after a decree sustaining a demurrer to his bill, by leave of the court files an amended bill, he is considered to have acquiesced in the action of the court upon the demurrer and will not be permitted to assign such action as error in the…
2Cases cited1 opinion
- Fudge v. PayneSupreme Court of Virginia · 1889
3Cited by6 opinions
- Goffe & Clarkener, Inc. v. Lyons Milling Co.District Court, D. Kansas · 1928
- Winston v. WinstonCourt of Appeals of Virginia · 1925
- Tharp v. St. Georges Trust Co.Court of Chancery of Delaware · 1943
- Bonnell v. B. & T. Metals Co.Ohio Court of Appeals · 1948
- Fitzgerald v. Cleveland Cadillac Co.Ohio Court of Appeals · 1922
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