Legal Opinion

Bailey v. Gollehon

West Virginia Supreme Court

Decided May 25, 1915PublishedCited by 18 opinions

Error to Circuit Court, Mercer County. " Action by Charles A. Bailey against James H. Gollehon. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Poffenbarger, Judge:

The judgment of which complaint is made on this writ of error rests on a verdict affirming the charge of malicious prosecution and assessing the damages at the sum of $250.00. Rulings on instructions, the motion to set aside the verdict and the admission and rejection of evidence constitute the grounds of the principal assignments of error.

The plaintiff in error, a justice of the peace, accused Bailey of having abstracted from the pocket of Harman, a constable, a package of papers, consisting of executions and other writs, and put it in a stove and caused it to be consumed…

2Cases cited5 opinions

  1. Vinal v. CoreWest Virginia Supreme Court · 1881
  2. Jones v. FinchSupreme Court of Virginia · 1887
  3. Faris v. StarkeCourt of Appeals of Kentucky · 1842
  4. Harper v. HarperWest Virginia Supreme Court · 1901
  5. Waldron v. SperryWest Virginia Supreme Court · 1903

3Cited by18 opinions

  1. Truman v. Fidelity & Casualty Company of New YorkWest Virginia Supreme Court · 1961
  2. Radochio v. KatzenWest Virginia Supreme Court · 1922
  3. Dutterer v. LoganWest Virginia Supreme Court · 1927
  4. Van Hunter v. Beckley Newspapers Corp.West Virginia Supreme Court · 1946
  5. McNair v. ErwinWest Virginia Supreme Court · 1919

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