[DOWNLOAD] "John Henshaw, Plaintiff v. John R. Miller" by United States Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: John Henshaw, Plaintiff v. John R. Miller
- Author : United States Supreme Court
- Release Date : January 01, 1854
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Mr. Heath, for the plaintiff, made the following points:–– For the plaintiff, Henshaw, it is insisted: That, under the law of Virginia, an action upon the case founded upon a tort by which the estate of the plaintiff was diminished or damaged, may be revived against the defendant's personal representative. That in Virginia, if the form of the action be trespass, or trespass upon the case, and if the loss or damage be merely pecuniary in its nature, and the remedy sought, being pecuniary, is entirely adequate, then the cause of action survives for or against the personal representative. For the common-law doctrine, as modified by the statute 4, Edward III. ch. 7; Hambly v. Trott, 1 Cow. 375; Wheatley v. Lane, 1 Saund. 216, a; 1 Wms. Ex'ors, 668.