Opinion
01-10-1811
Roger's Administratrix v. Chandler's Administratrix
In an action of assumpsit, in the County Court of Fauquier, on behalf of Burton Whatham and Anne his wife, formerly Anne Chandler, administratrix of Stephen Chandler, deceased, against Joanna Rogers, administratrix of Robert Rogers, deceased, the defendant pleaded " non assumpsit by her intestate," and plene administravit; to which pleas the plaintiffs replied generally. At the trial the plaintiffs offered, as evidence to show the amount of assets, an appraisement of the estate of Robert Rogers, by certain persons appointed by the said county Court; which appraisement was made on oath, and admitted to record, as an " inventory and appraisement; " but was not signed by the administratrix. The Court rejected this evidence altogether; not permitting the jury to see it; to which opinion the plaintiffs excepted. Other evidence was offered which satisfied the jury, and a verdict was found in the following words; " we of the jury find the issues for the plaintiffs, and do find that assets equal to the claim of the plaintiffs came to the hands of the defendants; and we do find for the plaintiffs 401. 14s. 10d. damages." Judgment was accordingly entered, which, upon an appeal, was affirmed by the District Court holden at Haymarket; whereupon the defendant again appealed to this Court.
The President delivered the Court's opinion.
OPINION
Friday, January 10th, 1812, the President delivered the Court's opinion, that " the verdict of the Jury, on the second plea was defective, in this, that it did not find, with sufficient certainty, what portion of the assets, which came to the hands of the appellant, were unadministered by her, at the time of suing out the writ of the appellees; and that the appraisement offered in evidence by the appellees, though no evidence as an inventory of the estate of the appellant's intestate, (it not having been signed by her,) was prima facie evidence of the value thereof, and ought to have been left to the jury as such."
The judgment was therefore reversed, and a venire facias de novo awarded, with a direction that, on the execution thereof, the appraisement stated in the bill of exceptions be admitted as evidence for the purpose above mentioned.