Blanks's Administrator v. Foushee

Supreme Court of Virginia

Blanks's Administrator v. Foushee

4 Munf. 61, 18 Va. 61, 1813 Va. LEXIS 19

CourtSupreme Court of Virginia

DecidedMarch 3, 1813

StatusPublished

Cited by1 cases

This text of 4 Munf. 61 (Blanks's Administrator v. Foushee) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blanks's Administrator v. Foushee, 4 Munf. 61, 18 Va. 61, 1813 Va. LEXIS 19 (Va. 1813).

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Opinion

The president pronounced the following opinion of the court.

“ This court (not deciding whether the first count in the declaration would, or would not, be good after, verdict, that point being immaterial at present, there being one good count therein, on which, or on such amended declaration as the Inferior Court may authorize, the defendant may here-, after sustain his action,) is of opinion that the said judgment is erroneous in this, that it is founded, not on written documents and facts, found by the jury, and submitted to the court for their judgment as to the law, but on the testimony, oral and written, of the witnesses, reported by the jury; leaving it to the court, as well to infer the facts proved by the witnesses, (which the jury alone were competent to,) as to decide the law arising thereon.”

Judgment reversed, and new trial awarded.

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The president pronounced the following opinion of the court.

“ This court (not deciding whether the first count in the declaration would, or would not, be good after, verdict, that point being immaterial at present, there being one good count therein, on which, or on such amended declaration as the Inferior Court may authorize, the defendant may here-, after sustain his action,) is of opinion that the said judgment is erroneous in this, that it is founded, not on written documents and facts, found by the jury, and submitted to the court for their judgment as to the law, but on the testimony, oral and written, of the witnesses, reported by the jury; leaving it to the court, as well to infer the facts proved by the witnesses, (which the jury alone were competent to,) as to decide the law arising thereon.”

Judgment reversed, and new trial awarded.

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Bluebook (online)

4 Munf. 61, 18 Va. 61, 1813 Va. LEXIS 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blankss-administrator-v-foushee-va-1813.

Opinion

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