Elam v. Commercial Bank

Citations

• 86 Va. 92
• 9 S.E. 498
• 1889 Va. LEXIS 13

Syllabus

<p>1. Peactice at common law—Declaration—Demurrer.—Demurrer to declaration on official bond will not lie where the books and papers are destroyed, and other information is in the possession of the adverse party, and the breaches are as specific as practicable under the circumstances.</p> <p>2. Idem—Statute of limitations.—When in such action there has been a mis- ■ application of funds equal to penalty of the bond within the period of limitation on actions in such cases, it is not error to hold that the statute is inapplicable.</p> <p>3. Idem—Pleas equivalent.—Where plea of “ conditions performed ” is already in, it is not error to reject its equivalent, .“non damnificatus.”</p> <p>4. Official bond—Continuing obligation—Case at bar.—Under Code 1873, p. 558, sec. 61 and sec. 16, and p. 569, sec. 3, the bond here, having in its terms no limit as to duration, is broad enough to cover a continuing liability.</p> <p>5. Jujsoes—Misconduct—Impeachment of verdict.—It is established doctrine that jurors are inadmissible to impeach their verdict.</p>