Farmer's Bank of Virginia v. Gettinger
West Virginia Supreme Court
This case arose in Berkeley county, and the summons was returnable to April rules, 1866. The action was as-sumpsit. An affidavit appears in the record, dated March 14th, 1866, (not signed by any one, though the testimony of the clerk of the circuit court of Berkeley county proves that it was made by the plaintiff, before him), stating that the defendant, The Farmers’ Bank of Virginia, was justly indebted to plaintiff’ in the sum of 2000 .dollars; that there was present cause…
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This case arose in Berkeley county, and the summons was returnable to April rules, 1866. The action was as-sumpsit. An affidavit appears in the record, dated March 14th, 1866, (not signed by any one, though the testimony of the clerk of the circuit court of Berkeley county proves that it was made by the plaintiff, before him), stating that the defendant, The Farmers’ Bank of Virginia, was justly indebted to plaintiff’ in the sum of 2000 .dollars; that there was present cause of action therefor; and that the bank and its corporate authorities were non residents of the State, and had debts or…
1Opinion of the Court
Brown, President.
There are several questions arising for determination in this case. The first is, whether the Farmers’ Bank is a domestic corporation of this State liable to be sued as such, or a foreign corporation and liable to be proceeded against *308as a non resident, by attachment. This bank was an old chartered institution under tbe laws of Virginia, long before the formation of the State of West Virginia, having the “Mother Bank,” as it is commonly tei’med, located at Richmond, and branches located at other points, and among them, one at Lewisburg, in the county of Greenbrier, and one at…
2Cases cited2 opinions
- Diven v. PhelpsNew York Supreme Court · 1861
- President of Hallowell & Augusta Bank v. HowardMassachusetts Supreme Judicial Court · 1816
3Cited by17 opinions
- Johnson v. State Department of Motor VehiclesWest Virginia Supreme Court · 1984
- Miller v. ZeiglerWest Virginia Supreme Court · 1898
- Anderson v. Kanawha Coal Co.West Virginia Supreme Court · 1878
- Farmers' Bank v. WillisWest Virginia Supreme Court · 1873
- Crim v. HarmonWest Virginia Supreme Court · 1893
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