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6 Va. 469

Robertson v. Depriest

Supreme Court of Virginia

Decided January 15, 1820

Supreme Court of Virginia · decided 1820-01-15

THIS was an action oí assumpsit, in the County Court of Nottoway, for sundries sold and delivered. At the trial of the cause, on the plea of non assumpsit, the plaintiff John A. Robertson introduced several witnesses to prove the various items in his account.

Decided 1820-01-15

¶1The following was the opinion of this Court.

The Court

¶2is of opinion that the judgment of the County Court is erroneous in this, that it was irregular to reject the witnesses offered on the part of the appellant, on the ground that the items which they were brought to support, had been decided on in a former suit between the same parties, the record in which suit was no how exhibited to the Court.

¶3*470Both judgments are therefore, reverse(1 with costs, anti the. cause is remanded for a new trial to be bad between the parties.

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