Belt v. Perry

Decided May 15, 1799

General Court of Virginia · decided 1799-05-15

Trespass, vi et armis, for taking a grey stud horse. called Shakspears, of the value of 200Í. current money, and converting him, &c. The general issue pleaded. The. plaintiff, at the trial, offered Joseph Magrnder as a witness, by whom he offered to prove, that the horse for which this suit is brought was the property of the plaintiff, and that a conditional contract vas made, between the, plaintiff and witness for the said horse, which Contract was afterwards cancelled.

Decided 1799-05-15

Chase, Ch. J.

¶1(a)The court are of opinion, that Joseph Magruder is not interested in the event of this suit, but is a competent witness to give evidence of the facts proposed to be proved by him, and he is allowed to |ie sworn and examined;

¶2Th»'. defendant excepted. Verdict for the plaintiff, and damages assessed to 30L 5s. 4d. current money. Plaintiff nonsuited, the sum found by the jury not being within the jurisdiction of this court.

¶3 Duvall and Done, J, concurring.