Johnson v. Brown
West Virginia Supreme Court
Supersedeas to a judgment of the circuit court of the county of Tyler, rendered on the 14th day of November, 1876,., in a certain action, in said court then pending, in which Isaac H. Johnson was plaintiff, and Nelson H. Brown and others were defendants, allowed on the petition of said defendants. Hon. James Monroe Jackson, judge of .the fifth judicial circuit, rendered the judgment complained of.
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Supersedeas to a judgment of the circuit court of the county of Tyler, rendered on the 14th day of November, 1876,., in a certain action, in said court then pending, in which Isaac H. Johnson was plaintiff, and Nelson H. Brown and others were defendants, allowed on the petition of said defendants. Hon. James Monroe Jackson, judge of .the fifth judicial circuit, rendered the judgment complained of. Green, PRESIDENT, furnishes the following statement of the case : This is an action of libel, brought in the circuit court of Tyler county, by I. H. Johnson against Nelson H. Brown, Jacob Hugus,…
1Opinion of the Court
GreeN, PRESIDENT,
delivered the opinion of the Court:
The first question arising on this'reeord is: Did the circuit court err in overruling the demurrer to the declaration ?
Two defects are asserted to exist in the declaration, either of .which, it is claimed, renders it liable to a general demurrer. The first is, that the innuendoes in the declaration, “ that the plaintiff did obtain money, goods and credit on the faith of said company on the false pretenses, that he was authorized so to do, and defrauded the company out of the same,” and that “ he, the plaintiff, had embezzled the goods…
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