Boyce & Wright v. McCaw

Citations

• 76 Va. 740
• 1882 Va. LEXIS 74

Syllabus

<p>Attachments.—B & W, under Code 1873, ch. 148, § 11, sued out an attachment in equity against McC on a claim for damages, and filed their bill averring a breach of warranty in a sale of phosphate to them by him, whereby they were damaged, and also alleging the fraud and insolvency of McC. Defendant appeared and demurred to the bill, and moved to abate the attachment. He also answered, denying every material allegation of the bill. Ho testimony was taken.</p> <p>Held :</p> <p>Though the demurrer should be properly overruled, yet, notwithstanding the motion to abate the attachment might not be properly sustainable, the bill, being denied as to all of its material averments, should be dismissed with costs to the defendant.</p>