Roach v. Blakey

Citations

• 89 Va. 767
• 17 S.E. 228
• 1893 Va. LEXIS 102

Syllabus

<p>1. Ejectment—Declaration.—Where a declaration in ejectment alleges that, on a day certain before bringing the action, plaintiffs were possessed, “ each in fee simple absolute, of an undivided share or interest in” the land, and the action “is for the whole land so claimed, and not for any part or parcel ” thereof—</p> <p>Held :</p> <p>The declaration is sufficient, under Code, § 2730.</p> <p>2. Judgment—Clerical error.—A clerical error in entering a judgment against two defendants in the singular number, “ defendant,” instead of the plural, “ defendants ”—•</p> <p>Held :</p> <p>Not to affect the validity of the judgment.</p> <p>3. Verdict—Number of jurors.—The verdict is lawful where the record shows that in open court the parties consented to a trial by eleven instead of twelve jurors.</p> <p>4. Clerical Errors.—Any informality in the entry by the clerk must be corrected by the court below, and is no ground for reversal in this court.</p>