Stuart v. County of Greenbrier
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Greenbrier rendered on the 13th day of June, 1876, in an action therein pending, in which the said Stuart, Buchanan & Co. were plaintiffs, and the said county of Greenbrier was defendant, allowed upon the petition of the said plaintiffs. Hon. H. A. Holt, judge of the eighth 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 Greenbrier rendered on the 13th day of June, 1876, in an action therein pending, in which the said Stuart, Buchanan & Co. were plaintiffs, and the said county of Greenbrier was defendant, allowed upon the petition of the said plaintiffs. Hon. H. A. Holt, judge of the eighth judicial circuit rendered the judgment complained of. Green, President, furnishes the following statement of the ease: On May 9, 1862, the Legislature of Virginia, at Richmond, passed an act authorizing the several county courts of the State,…
1Opinion of the Court
GREEN, President,
delivered the opinion of the Court:
There is in this case no necessity to consider or decide the several preliminary questions, which have been raised by the appellant’s counsel. If they be all waived and the case be decided on its merits, the judgment of the circuit court must be affirmed; and it is therefore better to dispose of this case on its merits, and end finally the controversy between the parties.
To the plaintiffs’ action two defenses are interposed by the defendant. One of them is a denial that the defendant is indebted to the plaintiffs; the other, that the…
2Cases cited2 opinions
- Huffman v. Alderson's Admr.West Virginia Supreme Court · 1876
- Bank of Virginia ex rel. Isaacs, Taylor & Williams v. HandleyWest Virginia Supreme Court · 1879
3Cited by2 opinions
- Shaw v. County CourtWest Virginia Supreme Court · 1887
- Slaughter v. CommonwealthSupreme Court of Virginia · 1856