Tarpley's Administrator v. Dobyns

Court of Appeals of Virginia

Tarpley's Administrator v. Dobyns

1 Va. 185

DecidedApril 15, 1793

StatusPublished

This text of 1 Va. 185 (Tarpley's Administrator v. Dobyns) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tarpley's Administrator v. Dobyns, 1 Va. 185 (Va. Ct. App. 1793).

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Opinion

The PRESIDENT

delivered the opinion of the court.

We feel no difficulty in declaring, that both decrees are right. Although the appellant might have resorted to a Court of Equity in the first instance, if his case would bear it, it is now too late, after having made his election, to take a trial at law. As to the surprise, which is made the pretext for this application to a Court of Equity it ought not to benefit the appellant in the present case; since, when he discovered a disposition in the appellee, to avail himself of his legal advantage at the trial, he might have suffered a nonsuit.

Decree affirmed.

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The PRESIDENT

delivered the opinion of the court.

We feel no difficulty in declaring, that both decrees are right. Although the appellant might have resorted to a Court of Equity in the first instance, if his case would bear it, it is now too late, after having made his election, to take a trial at law. As to the surprise, which is made the pretext for this application to a Court of Equity it ought not to benefit the appellant in the present case; since, when he discovered a disposition in the appellee, to avail himself of his legal advantage at the trial, he might have suffered a nonsuit.

Decree affirmed.

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Bluebook (online)

1 Va. 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tarpleys-administrator-v-dobyns-vactapp-1793.