Morrison's Ex'or v. Householder's Adm'r

Citations

• 79 Va. 627
• 1884 Va. LEXIS 122

Syllabus

<p>1. Practice in Chancery—Amended Bill.—Demurrer to bill being sustained for formal defects, the amended bill filed by leave is a continuation of the suit, the commencement whereof stopped the running of the statute of limitations.</p> <p>2. Statute of Limitations—Fiduciaries—Stay-period.—In computing time within which suits on demands against fiduciaries may be brought, the stay-period must be eliminated as in other cases.</p> <p>3. Idem—Case at Bar.—H.’s guardianship of J. and G. revoked in 1852. G. died under age. J. attained majority, April 16, 1860. Suit instituted September 18, 1871, against H.’s sureties to recover amount due ward—</p> <p>Held:</p> <p>Statute began to run 16th April, i860. Period from 17th April, 1861, to 1st January, 1869, being eliminated, only three years, eight months and nineteen days had elapsed of the ten years necessary to bar suit against such sureties when the suit was instituted.</p> <p>4. Laches—• Case at Bar.—Equity does not lend its aid to enforce stale demands, when, by reason of the death of parties, or loss of papers, or other circumstances, there can no longer be a safe determination of the controversy. But in case' at bar such circumstances 'do not exist. Updike v. Lane, 78 Va. 132; Rowe v. Bentley, 29 Gratt. 756.</p> <p>5. Evidence—Record—Admission.—Record of one suit is admissible in another in favor of a stranger against a party thereto, not as a judgment conclusively establishing a fact, but as an admission.</p> <p>6. Appellate Court—Report—Exceptions.—<For errors, not apparent on face of commissioner’s report, exceptions cannot for first time be taken here.</p>