The Virginia Law Register Volume 10

The Virginia Law Register Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...and the case was continued, it was error for the court at-the succeeding term to deny plaintifi"s motion to strike out the pleas and to enter judgment for plaintiff for the amount stated in his aflidavit, plaintifi not having waived his rights under the statute. 2. Where plaintiff in assumpsit filed an aflidavit with his declaration, as authorized by Code 1887, see. 3286, the misprision of the clerk in placing the cause on the issue docket for a writ of inquiry on defendant filing pleas unaccompanied by aflidavit did not constitute a waiver of plaintiff's right to judgment on his afiidavit for the amount of the account sued on. 3. The mere taking of depositions before a case had been set for hearing did not constitute a waiver of plaintifi"s right to judgment on the pleadings by reason of the fact that the pleas filed were defectice for want of an atfidavit required by Code 1887, see. 3286, an affidavit having been filed with the declaration. DECl'ZI)ENT'S ESTA'I'ES--CLAIM FOB NURSlNG--VAIJDITY--ACCOUNT1NG--FINDING. 1. Where, in a proceeding to establish a. claim against a decedent's estate, it appeared that accounts between claimant and decedent extended through a period of many years, and comprised numerous items and transactions; that no regular books were kept; that the making of a satisfactory statement was exceedingly difiicult; and that the evidence in relation thereto was contradictory such facts, of themselves, do not warrant a finding that no decree can be rendered in favor of either party. 2. VVhere claimant, who long had been intimately associated with decedent, at one time being in his employment as a laborer, and then as renter of his land for many years, in the last sickness of deceased went to his...show more

Product details

  • Paperback | 478 pages
  • 189 x 246 x 24mm | 844g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236872363
  • 9781236872364