Supreme Court of Virginia November 19, 1908 (McIntyre v. Smyth)

Keith, P.,

delivered the opinion of the court.

This was an action in assumpsit, instituted by Thomas Smyth against T. A. McIntyre & Company in the Corporation Court of the city of Staunton, which resulted in a verdict and judgment for the plaintiff, and the case is before us upon a petition which assigns certain errors in the rulings of the trial court.

It appears that one K. D.