Motley v. Frank

Citations

• 87 Va. 432
• 13 S.E. 26
• 1891 Va. LEXIS 88

Syllabus

<p>1. Chancery Practice—Injunction—Dissolution.—Where answer denies all . the grounds of equity set up in the bill and those grounds are not sustained by proof, the injunction must necessarily be dissolved. Hogan y. Duke, 20 Gratt., 244.</p> <p>2. Ideji—Depositions—Exceptions.—Where depositions taken by complainants were excepted to by defendants; court below dissolved the injunction for want of proof, without considering either depositions or exceptions: held, no error.</p> <p>3. Ostensible Partner—Individual debts.—If the firm was open, the credit given to the firm and the goods are in possession, the partnership creditor should be first paid out of them; but if the partner be unknown, the credit is given to the visible partner only: held, he may assign the assets to pay his individual debts in preference to partnership debts.</p>