Enos, Hill & Co. v. Stansbury
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Mason in an action at law in said court then pending, wherein Enos, Hill & Company were plaintiffs and N. Stansbury and others were defendants, allowed upon the petition of said plaintiffs. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Mason in an action at law in said court then pending, wherein Enos, Hill & Company were plaintiffs and N. Stansbury and others were defendants, allowed upon the petition of said plaintiffs. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of. Green, Judge, furnishes the following statement of the case: B. E. Enos, C. A. Hill and H. A. McGonagh, partners in business as Enos, Hiil & Co., in July, 1874, instituted an action of assumpsit in the circuit court of Mason county…
1Judgment of the CourtGreen, Judge
It is insisted, that the circuit court erred in proceeding with this cause after the expiration of sixty days from October 16th, 1874, as it appears by the record, that on that day “the defendant, Peter Lambrecht, by his attorney alleging, that the plaintiffs reside out of the state, on his motion it was ordered, that this suit be dissmissed, unless security for the payment of costs be given with the clerk of this court within sixty days from this time •” and as the record does not show, that any security for costs was given, the case without any further order stood dismissed at the end of…
2Cases cited1 opinion
- Choen v. GuthrieWest Virginia Supreme Court · 1879
3Cited by7 opinions
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- State ex rel. Kloak Bros. & Co. v. CorvinWest Virginia Supreme Court · 1902
- Dean v. CannonWest Virginia Supreme Court · 1892
- deStubner v. United Carbon Co.West Virginia Supreme Court · 1943
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