Supreme Court of Virginia, 1812

Wilkinson's administrators v. Bennett

Wilkinson's administrators v. Bennett
Supreme Court of Virginia · Decided November 27, 1812 · Roane
3 Va. 314

Counsel

Ño rejoinder was filed by the defendant;, Call, for the appellants, made two points ;, George K. Taylor, contra. , Call, in reply.

Wilkinson's administrators v. Bennett

Opinion of the Court

Judge Roane

pronounced, the Court’s opinion, that the judgment be reversed ; “ it not appearing, in this case, that the affirmative matter, set out in tbe replication, was met by a negative on the part of . .,,. ,, , , . . the said William and Martha; and tb«r^ Hieing no issue joined thereupon in the cause.”

Verdict, and all. proceeding subsequent to the replication, set. aside, and the cause remanded for further proceedings.

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