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NORWOOD v. BUFFEY

86 S.E.2d 809 (1955)

196 Va. 1051

C. Willard NORWOOD, Adm'r., etc., v. Walter H. BUFFEY, M. D.

Supreme Court of Appeals of Virginia.

April 25, 1955.

Attorney(s) appearing for the Case

Steingold & Steingold, Richmond, for plaintiff in error.

White, White & Roberts, Richmond, for defendant in error.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH and WHITTLE, JJ.

MILLER, Justice.

Rebecca Faye Dowdy died on May 17, 1952, and on May 15, 1953, her administrator, C. Willard Norwood, instituted action against Walter H. Buffey under the death by wrongful act statute, § 8-633, Code of 1950. On November 5, 1953, the court entered the following order:

"This day came the plaintiff and the defendant, by counsel, and the plaintiff failing to further prosecute his suit, on his motion, it is ordered that he be non-suited, paying...

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