Wheeling v. Black
West Virginia Supreme Court
Statement by Snyder, Judge: Action oí debt on the official bond of George Q. Black as collector of the city of Wheeling, brought May 19, 1879, by said city against said Black and W. 11. Woodward, R. A. McCabe, B. M. Eofi and T. II. Reed his sureties on said bond.
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Statement by Snyder, Judge: Action oí debt on the official bond of George Q. Black as collector of the city of Wheeling, brought May 19, 1879, by said city against said Black and W. 11. Woodward, R. A. McCabe, B. M. Eofi and T. II. Reed his sureties on said bond. The action was commenced in the municipal court oí Wheeling and was, September 20, 1880, upon the motion of the defendants, removed therefrom to the circuit court of Ohio county, in which court it was docketed and by consent ordered to be proceeded in there, in all respects, as if it had been originally brought in that court. At the…
1Opinion of the Court
SNYDER., Judge :
When the declaration, although it contains but a single count, assigns several broaches, as was done in this case? it is proper to demur to the entire declaration and to each assignment of breaches; for, if the demurrer is merely to the declaration and it contains matter sufficient to maintain the action, the demurrer must bo overruled, even when the breaches assigned are defective or insufficient, and this will be so notwithstanding the general demurrer states as special causes therefor such defects and insufficiencies of the breaches assigned. Henderson v. Stringer, 6 Grat.…
2Cases cited23 opinions
- State v. ThompsonWest Virginia Supreme Court · 1882
- People ex rel. Stratton v. OultonCalifornia Supreme Court · 1865
- Douglass v. Central Land Co.West Virginia Supreme Court · 1878
- Storrs v. FeickWest Virginia Supreme Court · 1884
- Pittsburgh, Wheeling & Kentucky R. R. v. ApplegateWest Virginia Supreme Court · 1882
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3Cited by35 opinions
- Tumey v. OhioSupreme Court of the United States · 1927
- Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
- Village of Barboursville Ex Rel. Bates v. TaylorWest Virginia Supreme Court · 1934
- State Ex Rel. Moats v. JancoWest Virginia Supreme Court · 1971
- City of Mullens v. DavidsonWest Virginia Supreme Court · 1949
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