Summary
In Allen v. Parkey, 154 Va. 739, 748, 149 S.E. 615, 154 S.E. 919, it was held that a trustee in a deed of assignment from the tenant took subject to the provisions of Code, Section 5524, and was bound to pay the landlord six months' rent as a preferred charge, although no distress warrant had issued therefor.
Summary of this case from U.S. v. Waddill, Holland FlinnOpinion
12970
September 8, 1930.
Before RAMAGE, J., Sumter, Spring Term, 1929, Affirmed.
Action by Samuel Anderson and Margaret Crooks, administrators of the Estate of John Anderson, deceased, against Southern Railway Co. et al. From order of nonsuit plaintiffs appeal.
Messrs. L.D. Jennings, A.F. Spigner, John E. Edens and N.J. Frederick for appellants.
Messrs. Frank G. Tompkins and Lee Moise, for respondent.
September 8, 1930. The opinion of the Court was delivered by
The plaintiffs commenced this action against the defendants in the Court of Common Pleas for Sumter County, October 9, 1928, for alleged damages for causing the death of John Anderson, a boy about 17 years of age. The case was tried before his Honor, Judge C.J. Ramage, and a jury, at the 1929 spring term of said Court and the trial resulted in an order of nonsuit, granted on motion of the defendants at the close of the testimony introduced on behalf of the plaintiffs. From the said order and judgment of the Court, the plaintiffs appealed to this Court.
His Honor, Judge Ramage, ordered the nonsuit in the case "on the ground of failure of proof of the cause of action alleged." A careful reading of the testimony convinces us that the trial Judge was right.
Therefore the exceptions are overruled, and the judgment affirmed.
MR. CHIEF JUSTICE WATTS and MESSRS. JUSTICES COTHRAN, BLEASE and STABLER concur.