Star Piano Co. v. Burgner
West Virginia Supreme Court
Error to Circuit Court, Kanawha 'County. Action by the Star Piano Company against C. C. Burgner, Default judgment for plaintiff, and from a judgment setting tbe same aside, the plaintiff brings error.
1Opinion of the Court
Ritz, President:
By this writ of error reversal is sought of a judgment of the court below setting aside a default judgment in favor of the plaintiff against the defendant, upon motion, under the provisions of section 5 of chapter 134 of the Code.
The plaintiff instituted its action of assumpsit in the Court of Common Pleas of Kanawha County, returnable to March Rules, 1920. Process was duly served upon the defendant returnable at that time. At April Rules, 1920, the declaration, together with an account and affidavit, was filed, and the case was upon the court’s docket for the May term, 1920.…
2Cases cited9 opinions
- Goodwin v. BickfordSupreme Court of Oklahoma · 1908
- Wilson v. ShraderWest Virginia Supreme Court · 1913
- Philip Carey Manufacturing Co. v. WatsonWest Virginia Supreme Court · 1905
- McDonald v. StateIndiana Supreme Court · 1909
- Gist v. DrakelyCourt of Appeals of Maryland · 1844
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dishman v. JarrellWest Virginia Supreme Court · 1980
- State Ex Rel. Chemical Tank Lines, Inc. v. DavisWest Virginia Supreme Court · 1956
- Citizens National Bank v. DixonWest Virginia Supreme Court · 1923
- Ciccarello v. Jos. Schlitz Brewing Co.District Court, S.D. West Virginia · 1940
- Kemble v. WiltisonWest Virginia Supreme Court · 1922
11 more not listed; retrieve them via the Exa API.