Manufacturers & Farmers Bank v. Mathews
West Virginia Supreme Court
Tbe Manufacturers and Farmers Bank, of "Wheeling, instituted an action of assumpsit in the circuit court of Ohio county, in October, 1865, against John M. Mathews and James Gittings, partners, under the firm of J. M. Mathews & Co., upon a bill of exchange dated September 22d, 1856, due in sixty days.
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Tbe Manufacturers and Farmers Bank, of "Wheeling, instituted an action of assumpsit in the circuit court of Ohio county, in October, 1865, against John M. Mathews and James Gittings, partners, under the firm of J. M. Mathews & Co., upon a bill of exchange dated September 22d, 1856, due in sixty days. The declaration was filed at the November rules, 1865. At the March term, 1866, the defendant Mathews demurred to the declaration, pleaded non assump-sit and the statute of limitations, and issue was joined. The demurrer was overruled at the October term following, Leave was granted at the…
1Opinion of the Court
Brown, .President.
The plaintiff in an action of assump-sit, on leave, files an amended declaration, to which the defendant at once files his plea.
Is the plaintiff' entitled of right, if he requires it, to a rule to reply ?
If he is, then it was error in the court to refuse him a continuance and put him to a nonsuit. And for the same reason it was like error to refuse to set aside the non suit, and more especially so where, as in this case, another action for the debt would be barred by the statute of limitations, and where, without unnecessary delay on the part of the plaintiff after suit…
2Cited by7 opinions
- Welch v. County Court of Wetzel CountyWest Virginia Supreme Court · 1886
- Cook v. CookWest Virginia Supreme Court · 1908
- Gorrell & Smith v. WillisWest Virginia Supreme Court · 1903
- Harman v. HoweSupreme Court of Virginia · 1876
- Harman v. HoweSupreme Court of Virginia · 1876
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