Reports of Cases in the Supreme Court of Appeals of Virginia, Volume 66D. Bottom, Superintendent of Public Print., 1875 - Law reports, digests, etc Some vols. also contain reports of cases in the General Court of Virginia. |
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Page 28
... witness in her own behalf . II . Though an exception to a deposition for want of notice , or other irregularity , must be brought to the notice of the court before the hearing of the cause , that it may be then passed upon , or it will ...
... witness in her own behalf . II . Though an exception to a deposition for want of notice , or other irregularity , must be brought to the notice of the court before the hearing of the cause , that it may be then passed upon , or it will ...
Page 33
... witness in her own favor . It is impossible to state the evidence filed in the cause so much of it as this court deemed material is given by Judge Moncure in his opinion . Whilst the cause was pending in the court below , Mrs. Ferguson ...
... witness in her own favor . It is impossible to state the evidence filed in the cause so much of it as this court deemed material is given by Judge Moncure in his opinion . Whilst the cause was pending in the court below , Mrs. Ferguson ...
Page 34
... witness to testify therein ? She had a deep and direct interest in the result of the suit , and would undoubtedly have been an incom- petent witness therein at common law . If she was competent when she testified it could only have been ...
... witness to testify therein ? She had a deep and direct interest in the result of the suit , and would undoubtedly have been an incom- petent witness therein at common law . If she was competent when she testified it could only have been ...
Page 35
... witness shall be incompetent to testify because of interest ; and in all actions , suits or other proceedings of a civil nature , at law or in equity , before any court , " & c . , Statham " the parties thereto , and those on whose ...
... witness shall be incompetent to testify because of interest ; and in all actions , suits or other proceedings of a civil nature , at law or in equity , before any court , " & c . , Statham " the parties thereto , and those on whose ...
Page 37
... witness in his own behalf , the same as any other witness . " In 15 How . Pr . R. 165 , and 26 Barb . 612 , it was held that the said section did not make husbands and wives compe- tent witnesses for or against each other , while in 19 ...
... witness in his own behalf , the same as any other witness . " In 15 How . Pr . R. 165 , and 26 Barb . 612 , it was held that the said section did not make husbands and wives compe- tent witnesses for or against each other , while in 19 ...
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Common terms and phrases
acres action administrator aforesaid amount answer appellant appellee applied arbitrator assigned authority award bequest bill bond BOULDIN Buford cause Circuit court claim Clark clause commissioner Confederate contract controversy counsel County court court of equity creditor Danville debt debtor deceased December declared decree deed deed of trust defendant delivered the opinion depreciated currency entitled error evidence ex'or ex'r execution executor fact filed Fitzgerald fund Gillespie Goolsby Gratt heirs held Hendricks husband interest January Term John Judge judgment June Term legatees legislature liability lien Lynchburg March Term Mary ment paid parties payment personal estate plaintiff plaintiff in error Pollock's adm'r possession principles provision purchase money question real estate received record referred reversed rule Septem'r Term sheriff Skinker Smyth county sold Statham statute suit surety Sutherlin taxes thereof tion trust usury valid Virginia widow wife William William Kenny witness
Popular passages
Page 9 - The question, whether a law be void for its repugnancy to the constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case.
Page 684 - That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act...
Page 873 - The general rule, therefore, is, that a lunatic or a person affected with insanity is admissible as a witness if he have sufficient understanding to apprehend the obligation of an oath, and to be capable of giving a correct account of the matters which he has seen or heard in reference to the questions at issue...
Page 909 - Burglary is defined to be, a breaking and entering of the mansion-house of another in the night, with intent to commit some felony within the same, whether such felonious intent be executed or not.
Page 364 - ... where an executor or administrator is a party, the other party shall not be permitted to testify in his own favor, unless the contract in issue was originally made with a person who is living and competent to testify, except as to such acts and contracts as have been done or made since the probate of the will or the appointment of the administrator.
Page 759 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 137 - ... a question of fact for the jury, and not of law for the court.
Page 458 - Circuit court, and if the appellees desire it, a rule awarded against the purchaser to show cause why the sale should not be set aside, and such proceedings thereupon had as the case may require.
Page 387 - So the giving up a suit or proceedings, instituted to try a question respecting which the law is doubtful, is a good consideration for a promise to pay a stipulated sum...
Page 268 - The powers of the agent are, prima facie, coextensive with the business intrusted to his care, and will not be narrowed by limitations not communicated to the person with whom he deals. An insurance company, establishing a local agency, must be held responsible to the parties with whom they transact business for the acts and declarations of the agent, within the scope of his employment, as if they proceeded from the principal.