Jones v. Jones

Decided June 15, 1809

Virginia Chancery Court · decided 1809-06-15

THE report in this case (which was a bill brought for an account) was in favour of the defendant, against whom a verdict and judgment had been rendered at law, in an action brought by him against the plaintiff, and the questions submitted to the Court were, 1. What should be the effect of the rule where, at law, or in equity, you take an account of one of the parties as evidence against him; and, 2.

Cited by 1 later decisions (1 by the Supreme Court) — most recently June 1991

Good law ✅— No negative treatment on recordhow we know

Decided 1809-06-15

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By the Chancellor.

¶1As to the first question, the general rule of law is this, that where you take an account of one of the parties as evidence against him, you must admit it to be evidence for him : but this is only so far as the account itself would be evidence if it were proved by other means. For example, the account should not be evidence, so far as any error should be apparent on its face.

¶2As to the second question: if the defendant had brought this suit, the judgment at law against him would be a clear bar; but as the suit is brought against him by his adversary, at law, the judgment is no bar.

¶3Decree for the defendant.