Supreme Court of Virginia February 15, 1835 (Green v. Buckner's adm'r)

lead-opinion

Brockenbrough, J.

There was no reason why the defendants should not have been compelled to join in the demurrer to evidence. The evidence demurred to, was not plainly against the demurrant, and therefore does not come within the influence of the decisions of Thweatt v. Finch, 1 Wash. 217. Wroe v. Washington, Id. 357. and Dunbar v. Beale, 5 Munf. 24.