Legal Opinion

Pumphry v. Brown

West Virginia Supreme Court

Decided July 15, 1868PublishedCited by 1 opinion

A judgment was rendered in the circuit court of Mason county on the 31st day of August, 1867, in an action of debt wherein George W. Pumphry was plaintiff and Major Brown was defendant. The case was tried by the court in lieu of a jury. On the 2nd of September following, during the same term at which the judgment was had, the court set it aside and granted a new trial. The plaintiff excepted to this action of the court and applied to this court for a writ of supersedeas.

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A judgment was rendered in the circuit court of Mason county on the 31st day of August, 1867, in an action of debt wherein George W. Pumphry was plaintiff and Major Brown was defendant. The case was tried by the court in lieu of a jury. On the 2nd of September following, during the same term at which the judgment was had, the court set it aside and granted a new trial. The plaintiff excepted to this action of the court and applied to this court for a writ of supersedeas. The defendant in error moved to dismiss the supersedeas on the ground of want of jurisdiction, alleging for cause that the…

1Opinion of the Court

Brown, President.

This is a .supersedeas to the judgment of the circuit court of Mason county setting aside a judgment and awarding a new trial on the motion of the defendant.

The case was tried by the court in lieu of a jury. The plaintiff excepted to the ruling of the court setting aside the *10judgment and awarding a new trial, and the bill of exceptions sets out tbe facts, and grounds upon which the court based its action. The defendant in error now moves to dismiss the supersedeas on the ground that there is no jurisdiction of the case, and alleges for cause that the appeal is from the…

2Cases cited1 opinion

  1. Hoover v. RichardsSupreme Court of Louisiana · 1841

3Cited by1 opinion

  1. State v. Bluefield Drug Co.West Virginia Supreme Court · 1896

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