Fisher, Sons & Co. v. Crowley
West Virginia Supreme Court
Appeal from Circuit Court. Cabell Comity. Action by M. Fisher, Sons & Co. against T. H. Crowley .and others. Judgment for plaintiffs, and defendants bring •error.
1Dissent
SaNders, Judge,
{dissenting in part):—
I agree that the judgment should be reversed. The court refused to permit the defendants to plead, because the plaintiff had filed with his declaration the affidavit as provided by section 46, chapter 125, of the Code. If this affidavit was such as is required by that section, then it was proper to refuse to permit the defendants to plead, unless their plea was verified by affidavit, as required by that section; but the affidavit filed with the plaintiff’s declaration is not sufficient. It was made in the State of New York, and sworn to before a notary…
2Cases cited38 opinions
- Gracie v. PalmerSupreme Court of the United States · 1823
- Mahany v. KephartWest Virginia Supreme Court · 1879
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Groves v. County Court of Grant CountyWest Virginia Supreme Court · 1896
- Layne v. Ohio River R'dWest Virginia Supreme Court · 1891
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