Parkersburg & Marietta Sand Co. v. Smith
West Virginia Supreme Court
Error to Circuit Court, Wood County. Action by the Parkersburg & Marietta Sand Company against Lloyd E. Smith. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Miller, Judge:
On two special counts and the common counts in assumpsit, and on issues joined on the general and sundry special pleas, with special replications to some of said special pleas, plaintiff obtained the verdict and judgment for $8,280.49, complained of.
On writ of error defendant opposes to this judgment numerous assignments of error charged to have been committed on the trial below.
The first of these is that the trial court erroneously overruled his demurrer to the declaration and each count thereof. No point is made against the common counts. The first count pleads a first and a…
2Cases cited8 opinions
- West v. SmithSupreme Court of the United States · 1879
- Rowan & Co. v. HullWest Virginia Supreme Court · 1904
- Delmar Oil Co. v. BartlettWest Virginia Supreme Court · 1907
- Bennett v. Federal Coal & Coke Co.West Virginia Supreme Court · 1912
- Wilson v. ShraderWest Virginia Supreme Court · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Strahin v. CleavengerWest Virginia Supreme Court · 2004
- Nesbitt v. FlaccusWest Virginia Supreme Court · 1964
- Horton v. HortonWest Virginia Supreme Court · 1980
- Pine & Cypress Manufacturing Co. v. American-Engineering & Construction Co.West Virginia Supreme Court · 1924
- Keatley v. Hanna Chevrolet Co.West Virginia Supreme Court · 1939
12 more not listed; retrieve them via the Exa API.