Goodell's Ex'ors v. Gibbons

Citations

• 91 Va. 608
• 22 S.E. 504
• 1895 Va. LEXIS 58

Syllabus

<p>1. Pn~oi'ica AT COIaMON LAW-COfltn2uance-SpeCiai Jury.-Motions for continuänce and also for a special jury are alike addressed to the sound discretion of the court, and its judgment will not be reviewed, unless it plainly appears that the discretion has been improperly exercised.</p> <p>2. EvmxNcE-Competeney of Witnes&-Sections 8346 and 3848 of the Code. Sections 3346 and 3348 of the Code, relating to the competency of witnesses, were not designed to impose disqualifications on the competency of witnesses to testify, which did not previously exist. They were intended to remove incompetency in certain cases, and not to create it in any case.</p> <p>3. STATUTE or LIMiTATIoNs-Burden of Proof.-Upon the trial of an issue joined on the plea of the statute of limitations, the burden of proof is on the defendant to show that the cause of action did not accrue within the statutory period.</p>