Abell v. Penn Mutual Life Insurance
West Virginia Supreme Court
Writ of error to a judgment of the circuit court ot the county of Jefferson, rendered on the 10th day of April, 1879, in an action of assumpsit in said court then pending, wherein Joseph F. Abell was plaintiff, and the Penn Mutual Life Insurance Company was defendant, allowed upon the petition of said defendant. Hon. John B. Hoge, judge of the third judicial circuit, rendered the judgment complained of.
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Writ of error to a judgment of the circuit court ot the county of Jefferson, rendered on the 10th day of April, 1879, in an action of assumpsit in said court then pending, wherein Joseph F. Abell was plaintiff, and the Penn Mutual Life Insurance Company was defendant, allowed upon the petition of said defendant. Hon. John B. Hoge, judge of the third judicial circuit, rendered the judgment complained of. Green, Judge, furnishes the following statement of the case : This was an action of assumpsit brought on August 29, 1877, by Joseph F. Abell against the Penn Mutual Life Insurance Company, a…
1Judgment of the CourtGreen, Judge
There was no error committed in this case by the circuit court in the proceedings preliminary to the trial of the case. The demurrer to the declaration was based solely on the alleged ground, that the bill of particulars was too vague and indefinite. This is no ground of demurrer. See Choen v. Guthrie, et al., 15 W. Va. 113, *413114. Such a defect can be taken advantage of by excluding the plaintiffs evidence, when offered to prove such vague bill of particular’s. See Code of W. Na., ch. 130, §46. In this case the bill of particulars was not so vague as not to give the defendant full notice…
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