Richardson v. Johnson

Decided April 20, 1801

Court of Appeals of Virginia · decided 1801-04-20

<p>Plea allowed to be amended, after a trial and verdict for the plaintiff: [this plea being an improper one, filed by the attorney, through inadvertence, and for want of information.]</p> <p>Joint bond, anterior to the act of 1786: the death of one obligor, before that act, discharged his executors.</p>

Decided 1801-04-20

LYONS, Judge.

¶1Delivered the resolution of the Court to the following effect:

¶2That the plea of payment was improperly put in by the attorney, instead of pleading the discharge. That this was done through inadvertence, and for want of information. Consequently, that the Court was right in granting the *447new trial,* and allowing the plea; which went to exonerate the defendant altogether, as the death of his testator discharged his estate, from the obligation.

¶3Judgment affirmed, †

¶4[* See 6 Bac. Abr. 671, Gwil, ed. and autho. there cited.]

¶5[† Elliott's ex'rs, v. Lyell, 3 Call, 268; Chandlers ex'rx, v. Neale's ex'rs. 2 H. & M. 124; Atwell's adm'rs, v. Milton, 4 H. &. M. 253; Atwell's admr's. v. Towles, 1 Munf. 175.]