Malone v. Davis
West Virginia Supreme Court
Error to Circuit Court, Monongalia County. Action by Harvey A. Malone against Stephen R. Davis. Verdict for plaintiff. From an order granting a new trial, plaintiff brings error.
1Opinion of the Court
MilleR, Judge:
In detinue to recover possession of a certain note, the only plea of defendant on which issue was joined was non detinet, and the verdict of the jury, which on motion of defendant was set aside and a new trial awarded him, was, for the plaintiff for the promissory note in the declaration described, if to be had; and if not, then the sum of $332.80, the value thereof.
The plaintiff complains of the action of the court in setting aside the verdict and refusing to pronounce judgment thereon that he recover the possession of said note.
After the verdict, and before the court set it…
2Cases cited8 opinions
- Jaggie v. Davis Colliery Co.West Virginia Supreme Court · 1914
- Moss v. Campbell's Creek RailroadWest Virginia Supreme Court · 1914
- Brogan v. Union Traction Co.West Virginia Supreme Court · 1915
- Austin v. CallowayWest Virginia Supreme Court · 1913
- Wilson v. JohnsonWest Virginia Supreme Court · 1913
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