Topic: a person who sues or is sued in his official or representat… · Go Syfert
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Topic #27193

5 canonical passages across 4 cases, quoted by 15 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from McCulley v. Brooks & Co. General Contractors, Inc..

#Case FlagCanonical passage Citers
1 McCulley v. Brooks & Co. General Contractors, Inc. Anchor
va · 2018
green “a person who sues or is sued in his official or representative capacity is, in contemplation of law, regarded as a person distinct from the same person in his individual capacity and is a stranger to his rights or liabilities as an individual.” 3
2 Belvin's Ex'ors v. French
va · 1887
green “the action was not against the defendants in their representative capacity, but was against them personally.” 3
3 Simpson v. Simpson
va · 1934
green “the presumption must be applied . . . until evidence sufficient to overcome the presumption and prove the contrary shall have been introduced.” 3
4 Simpson v. Simpson
va · 1934
green “the primary significance of a presumption is that it operates to shift to the opposing party the burden of - 19 - producing evidence tending to rebut the presumption.” 3
5 Klingstein v. Rockingham National Bank
va · 1935
green “depended upon the intent of the parties and the understanding and design under which they acted . . . considering the general purpose of the parties, the nature of their business, and the manner in which they . . . dealt with the property in question.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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