3 Va. 550
Decided January 27, 1813
Supreme Court of Virginia · decided 1813-01-27
<p>1. It seems, that a party, to whom a new trial is granted, may, at the next term, without claiming such trial, file errors in arrest arrest of judgment.</p> <p>2. In assumpassignor of a deratian for me»t ought to N the' <iedaration; and if it be omitted, judgmentmay be arrested.</p> <p>3. A count for money had and received, adjudged-good after verdict; although the sum received was-letfc blank.</p> <p>cry Sec antC) Darby v. Henderson and Duncan administrators of Drummond.</p>
Decided 1813-01-27
¶1the president pronounced the opinion of the Court; “ that the first count in the declaration was faulty, in not having averred a consideration on which the assumpsit was charged; but that the second count was sufficient to support the action; and, therefore, the errors filed in arrest of judgment were insufficient.”
¶2Judgment for the appellant.