Legal Opinion

Wheeling Mold & Foundry Co. v. Wheeling Steel & Iron Co.

West Virginia Supreme Court

Decided June 14, 1907PublishedCited by 18 opinions

Error to Circuit Court, Ohio County. Action by the Wheeling Mold & Foundry Company against the Wheeling Steel & Iron Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Miller, Judge:

The verdict and judgment on the new trial awarded by this Court (58 W. Va. 62) were, as on the first, for the identical sum sued foi — $12,298.98. On the former hearing, the judgment of the circuit court overruling the demurrer to the amended declaration and each count thereof was not challenged, but is now assigned as error. On the last trial, on motion of the defendant to strike out the several counts, the court struck out the first but overruled the motion as to the others. ' The argument of counsel relate to the second and third counts, and we need notice them only. The…

2Cases cited14 opinions

  1. Taylor v. Baltimore & O. R.West Virginia Supreme Court · 1889
  2. Searle v. Railway Co.West Virginia Supreme Court · 1889
  3. McGowan v. American Pressed Tan Bark Co.Supreme Court of the United States · 1887
  4. Dannat v. . FullerNew York Court of Appeals · 1890
  5. Dent v. PickensWest Virginia Supreme Court · 1890

9 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Wright v. Standard Ultramarine and Color Co.West Virginia Supreme Court · 1955
  2. State Ex Rel. Allstate Insurance v. Union Public Service DistrictWest Virginia Supreme Court · 1966
  3. Preston County Coke Co. v. Preston County Light & Power Co.West Virginia Supreme Court · 1961
  4. State v. Andy ScurlockWest Virginia Supreme Court · 1925
  5. Bannister v. Victoria Coal & Coke Co.West Virginia Supreme Court · 1908

13 more not listed; retrieve them via the Exa API.

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