Fleming v. Toler
Supreme Court of Virginia
This was an action of debt in the Circuit court of Goochland county, brought by WiHiam T. Toler, administrator of William Toler deceased, against Tarlton Fleming and John B. Pemberton.
Read the full summary
This was an action of debt in the Circuit court of Goochland county, brought by WiHiam T. Toler, administrator of William Toler deceased, against Tarlton Fleming and John B. Pemberton. The action was founded on the following bond: “Know all men by these presents, that we, Tarlton Fleming and John B. Pemberton are held and firmly bound unto William T. Toler, administrator of William *Toler deceased, in the just and full sum of eleven hundred dollars, to be paid unto the said William T. Toler, administrator of the said William Toler deceased, his certain attorney, his executors, administrators…
1Opinion of the CourtAbbbn, J.
The Court is of opinion, that the pleas tendered by the plaintiff in error, and set out in his first and second bills of exceptions, were good in form and substance, and presented a proper defence to the action ; and as the same were not objected to on account of the time at which they were offered^ they should have been received. But the gravamen of each of said pleas was the unsounduess of the slave, a fact also put in issue by the special plea on which issue was joined; it being competent for the plaintiff in error on the issue joined on that plea, to have given any evidence of general…
2Cited by9 opinions
- Newberry v. WilliamsSupreme Court of Virginia · 1892
- Grayson v. BuchananSupreme Court of Virginia · 1891
- Binns v. WaddillSupreme Court of Virginia · 1879
- Binns v. WaddillSupreme Court of Virginia · 1879
- Davis' Adm'rs v. MeadSupreme Court of Virginia · 1856
4 more not listed; retrieve them via the Exa API.