Legal Opinion

Wandling v. Straw

West Virginia Supreme Court

Decided April 18, 1885PublishedCited by 55 opinions

Woods,- Judge, furnishes the following statement of the case: On September 8, 1870, James W. Wangling and Straw & Morton entered into the following agreement: “ Agreement made the eight (8) day of September, 18 — , by and between Straw & Morton, of Pittsburgh, of the first part, and James W. Wandling, of the second part, wit-nesseth: “ That Straw & Morton hereby agree to employ the said party of the second part, and the party of the second part agrees to enter into the…

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Woods,- Judge, furnishes the following statement of the case: On September 8, 1870, James W. Wangling and Straw & Morton entered into the following agreement: “ Agreement made the eight (8) day of September, 18 — , by and between Straw & Morton, of Pittsburgh, of the first part, and James W. Wandling, of the second part, wit-nesseth: “ That Straw & Morton hereby agree to employ the said party of the second part, and the party of the second part agrees to enter into the employment of said Straw & Morton for the period of one year for the following purpose and upon the following terms and…

1Opinion of the Court

Woods, Judge :

Three grounds of error are assigned :

First. The refusal of the court to exclude from the jury the plaintiff's evidence.

Second. The refusal of the court to admit the record of the district court in evidence as a bar to the plaintiffs action, and

Third. The refusal of the court to set aside the verdict, and grant the defendants a new trial.

We will first consider, the second and third errors assigned. The circuit court was pleased to assign as the reason for excluding the use of said record of the district court as a bar to the recovery of the plaintiff’s demand, that from the…

2Cases cited15 opinions

  1. Starbuck v. MurrayNew York Supreme Court · 1830
  2. Blair v. . BartlettNew York Court of Appeals · 1878
  3. Brown v. . NicholsNew York Court of Appeals · 1870
  4. Harshey v. BlackmarrSupreme Court of Iowa · 1866
  5. Mahany v. KephartWest Virginia Supreme Court · 1879

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3Cited by55 opinions

  1. Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
  2. State v. BakerWest Virginia Supreme Court · 1889
  3. Williamson v. JonesWest Virginia Supreme Court · 1894
  4. Lawson v. ConawayWest Virginia Supreme Court · 1892
  5. Carrico v. W. Va. Cent. & Pa. R'y. Co.West Virginia Supreme Court · 1891

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