Hoffman v. Bircher
West Virginia Supreme Court
"Woods, Judge,, furnishes the following statement of the case: ' Benjamin F. Hoffman on the 22d of February, 1879, brought his action of debt in the county court of Taylor county against Thomas TI.
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"Woods, Judge,, furnishes the following statement of the case: ' Benjamin F. Hoffman on the 22d of February, 1879, brought his action of debt in the county court of Taylor county against Thomas TI. Bircher and Joseph Saffell for three hundred and fifty dollars debt, and sued out three summonses against them returnable to March rules, 1879, directed to the sheriffs of Taylor, Ritchie and Barbour counties respectively, the first two of which wore returned “ not found ” and the last “ executed on Joseph Saffell on the 1st of March, 1879,” by the sheriff of Barbour county. At March rules, 1879,…
1Opinion of the Court
Woods, Judge:
The plaintiff in error insists, that the county court erred, in overruling his demurrer to the declaration; in rejecting the plea in abatement; in setting aside said judgment of non-suit, and permitting the plaintiff below, to file his amended declaration; “ar.d that the circuit court erred in rendering a separate judgment against him; the action being joint there could not be a separate recovery or judgment in this suit, both defendants being alive, and process .executed upon both of them; and also in rendering any judgment against him.”
The plea in abatement was fatally…
2Cases cited3 opinions
- Steptoe v. ReadSupreme Court of Virginia · 1868
- Choen v. GuthrieWest Virginia Supreme Court · 1879
- Snyder v. SnyderWest Virginia Supreme Court · 1876
3Cited by18 opinions
- Snyder v. Philadelphia Co.West Virginia Supreme Court · 1903
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Ferguson v. MillenderWest Virginia Supreme Court · 1889
- Scott v. NewellWest Virginia Supreme Court · 1911
- Midkiff v. LusherWest Virginia Supreme Court · 1886
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