Legal Opinion

State ex rel. Lanham v. Harmon

West Virginia Supreme Court

Decided May 10, 1879PublishedCited by 10 opinions

Writ of error and supersedeas to a judgment of the circuit court of Putnam county-, rendered on the 2d day of May, 1877, in an action in said court then pending, in which The State of West Virginia for the use of John W. Lanham was plaintiff and George Harmon and others were defendants, granted upon the petition of said plaintiff. 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 Putnam county-, rendered on the 2d day of May, 1877, in an action in said court then pending, in which The State of West Virginia for the use of John W. Lanham was plaintiff and George Harmon and others were defendants, granted upon the petition of said plaintiff. Hon Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of. The facts of the case fully appear in the opinion of the Court. cited „the following authorities : Acts 1872-3 ch. 42, §§2, 3, 5; 2 Leigh 636 3 Rand. 106 j 11 Gratt. 300.

1Opinion of the CourtITaymond, Judge

On the 16th day of August, 1876, the plaintiff brought her action of assumpsit for the benefit of John W. Lan-ham against the defendants, laying the damages at *117$500.00 in the circuit court of Putnam county. The declaration filed in the cause is as follows:

‘•State oe West Yirginia, Putnaji County, to-wit:

“ In the Gireuit Court of said county.
“The State of West Virginia, for the benefit of John W. Lanham, complains of George Harmon, Thomas P. Carpenter and R. N. Lilly, who have been summoned &c., of a plea of trespass on the case in assumpsit, for that, whereas heretofore, to-wit, on the 24th…

2Cases cited2 opinions

  1. The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
  2. Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890

3Cited by10 opinions

  1. Wright v. Standard Ultramarine and Color Co.West Virginia Supreme Court · 1955
  2. Teter v. MooreWest Virginia Supreme Court · 1917
  3. Cheuvront v. BeeWest Virginia Supreme Court · 1897
  4. State Ex Rel. County Court of Preston County v. WilliamsWest Virginia Supreme Court · 1934
  5. Middle States Loan, Building & Construction Co. v. EngleWest Virginia Supreme Court · 1898

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