Smith v. Rawlings' Administrator

Citations

• 83 Va. 674
• 3 S.E. 238
• 1887 Va. LEXIS 109

Syllabus

<p>Practice at Common Law&emdash;New trial&emdash;Absence of party.-&emdash;Plaintiff claimed, as purchaser at a sale under execution, the property levied ott by defendant. The issue was tried on first day of the term, in plaintiff’s absence. Written evidence of plaintiff’s title was produced. Defendant testified to statements of plaintiff that he had released the property to the execution debtor. Verdict was for defendant, During-the term plaintiff filed his affidavit that he had started in time for the trial, and had failed to reach the court-house in time by reason of delays in the trains and their failure to connect; that he never made said statements, and that never having released, he still owned the property,.</p> <p>Held :</p> <p>He was entitled to a new trial.</p>