What can we assume from the processioning records? Was the minimum age for processioning 21? Or did they welcome the efforts of younger gentlemen? Thanks for your thoughts! --Sally Phillips
--- On Wed, 3/31/10, Langdon <[log in to unmask]> wrote:
From: Langdon <[log in to unmask]>
Subject: Re: [VA-ROOTS] Legal definition needed.......
To: [log in to unmask]
Date: Wednesday, March 31, 2010, 4:20 PM
Hi Nel,
Can I join this party? I believe your original questions pertained to the assignee. In common law cases of trespass, the victim, and only the victim, is able to bring the civil suit. No stand-ins or assignees allowed. The plaintiff had to be alive, and living in the county where the offense occurred, in order for the tort to be brought in that county. If the assignee was acting as attorney, the case would state “Hatcher, by POA”. If there was a tenant occupying the property, the tenant would have to bring the charge of trespass, since only the person occupying the premises could bring suit. Therefore, you can assume that the assignee was not part of the case, and was only assigned the legal rights to accept damages. I agree with Neil that there was one plaintiff and one defendant.
Trespass torts mention “grievous” harm done to the plaintiff, which is not always physical harm. More often, the case involves theft or damage to personal property. Virginia doesn’t seem to record details as thoroughly as South Carolina, where I found cases of trees chopped down, with a loss of $89 worth of firewood; a widow’s home invasion by a band of armed men, who held her at bay and proceeded to damage household items; and a former employee who left with carpenter tools, causing the loss of tools and loss of work for the employer.
So, there has to be a crime, and loss of some type, but the cause of action can be quite varied. Damages usually includes the actual loss, cost of the suit and interest from date of loss. Since the death of either party ends the suit, it is possible that the defendant died, although the cases I’ve seen state that a party is deceased. So I agree that it was probably abandoned because the defendant couldn’t be found, and there was little chance of recovery.
Langdon Hagen-Long
Virginia Beach
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