Porter v. Young

Citations

• 85 Va. 49
• 6 S.E. 803
• 1888 Va. LEXIS 10

Syllabus

<p>1. Contracts—Assignable.—Under §17, ch. 141, Code 1873, an ordinary running account between parties, showing an alleged indebtedness from the one to the other, is assignable.</p> <p>2. Attachment— What may be attached.—Under § 11, ch. 148, Code 1873, debts due non-resident debtor by open account may be attached in the hands of resident garnishees.</p> <p>3. Jurisdiction—Defendant’s residence.—Where principal defendant is a non-resident, suit may be brought in a county where one or more of the other defendants reside, though the attached real estate of non-resident lies in another county.</p> <p>4. Chancery Practice—Garnishees—Bill.—A bill against non-resident debtor and several residents as garnishees, for an account of the indebtedness of the latter, respectively, to the former, is not multifarious.</p> <p>5. Idem—Answer—Multifariousness—Uncertainly.—Where debts are assigned to a party who sues for an accounting between the assignor and his several debtors, plea by and of the latter, that the former had made other and conflicting assignments of the same debts, is bad for multifariousness and uncertainty.</p> <p>6. Idem—Decree for an account.—Though the general rule is that an account should not be ordered in any case, unless shown to be proper by the pleadings and proofs in the cause ; yet the rule is not applicable to a case where the answer sets up new and affirmative matter, upon which the defense is rested, and the burden of proving which lies on the defendant.</p> <p>7. Idem—Commissioner's report.—When a question of fact is referred to a master, depending on the conflicting testimony of witnesses, his report should be confirmed, unless in case of palpable error or mistake.</p>