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COOPER v. DAVIS

100 S.E.2d 691 (1957)

199 Va. 472

Ben COOPER v. Charles DAVIS, an Infant, etc.

Supreme Court of Appeals of Virginia.

December 2, 1957.

Attorney(s) appearing for the Case

John S. Rixey, Norfolk (Harry Spilka, Rixey & Rixey, Norfolk, on the brief), for plaintiff in error.

Stanley J. Bangel, Portsmouth (Bangel, Bangel & Bangel, Portsmouth, on the brief), for defendant in error.

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

EGGLESTON, Justice.

This appeal involves the interpretation and application of certain of the rules governing the "Practice and Procedure in Actions at Law," effective February 1, 1950, as amended. A clear understanding of the questions raised and decided requires a somewhat detailed statement of the proceedings in the lower court.

On December 7, 1955, Charles Davis, an infant, hereinafter referred to as the plaintiff, suing by Ellen Davis, his mother and...

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