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Jones v. Jones

Jones against Jones

Jones v. Jones, 4 Va. 447 (1809)
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Court
Virginia Chancery Court · State Trial Courts
Decided
June 15, 1809
Citations
4 Va. 447
Headnotes
1. Rule, as to taking the account of a party as evidence against him. 2. A verdict at law against a party is no bar to a decree in his favour if he is brought into Chancery by the adverse party; otherwise, if ho were the plaintiff in equity.
Summary
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. Whether the judgment at law, as above stated, should bar the defendant from a decree in his favour for the balance so reported.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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By the Chancellor.

As 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.

As 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.

Decree for the defendant.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1991: 12004: 12008: 12010: 22015: 219912026peak 2010 · 2

Relies on it most ⓘ

  1. State v. Houston2015 UT 40, 353 P.3d 55
  2. State v. Houston2015 UT 36
  3. Harmelin v. Michigan501 U.S. 957 (1991)
  4. District of Columbia v. Heller554 U.S. 570 (2008)
  5. State v. Sieyes225 P.3d 995 (Wash. 2010)
  6. State v. Sieyes168 Wash. 2d 276 (2010)

Most recent

  1. State v. Houston2015 UT 40, 353 P.3d 55
  2. State v. Houston2015 UT 36
  3. State v. Sieyes225 P.3d 995 (Wash. 2010)
  4. State v. Sieyes168 Wash. 2d 276 (2010)
  5. District of Columbia v. Heller554 U.S. 570 (2008)
  6. Whether the Second Amendment Secures an Individual Right(OLC Aug. 24, 2004)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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