Curry v. Hale
West Virginia Supreme Court
Appeal from two decrees of the circuit court of the county of Kanawha, rendered one on the 18th day of December, 1876, and the other on the 28th day of May, 1878, in a cause in said court then pending, wherein C. B. Curry was plaintiff and J. P. Hale and others were defendants, allowed upon petition of A. G. Kichey and G. A. Perdicaris. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decrees appealed from.
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Appeal from two decrees of the circuit court of the county of Kanawha, rendered one on the 18th day of December, 1876, and the other on the 28th day of May, 1878, in a cause in said court then pending, wherein C. B. Curry was plaintiff and J. P. Hale and others were defendants, allowed upon petition of A. G. Kichey and G. A. Perdicaris. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decrees appealed from. JOHNSON, Judge, furnishes the following statement of the case: This is an attachment in equity, under the statute. The plaintiff filed his bill at April rules, 1876,…
1Opinion of the CourtJoHNsoN, Judge
The demurrer to the bill was properly overruled as it clearly presented a proper case for the. consideration of the court. The special plea in effect was, that neither the contract, promise, agreement, representation nor assur*874ance'upon which the suit was brought, nor any memorandum or note thereof, was in writing signed by them, or their or either of their agents. The defendants did not suffer any injury by the rejection of the plea, as they setup substantially the same thing in their answer, and had the full benefit thereof.
We will now proceed to the consideration of the merits of the case.…
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- Cobb v. Glenn Boom & Lumber Co.West Virginia Supreme Court · 1905
- Bank v. Ohio Valley Furniture Co.West Virginia Supreme Court · 1905
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