Pappenheimer v. Roberts
West Virginia Supreme Court
Woods, Judge, furnishes the following statement of the case: In 1875, L. D. Pappenheimer & Co. filed their bill in the circuit court of Lincoln county against Henry Roberts and .his wife Catharine Roberts, Thomas Roberts and his wife Emily Roberts, and John Wysong, alleging that on March 3, 1873, they recovered in the said, court against said Henry Roberts and John Wysong, as partners, under the firm of Roberts & Wysong, a judgment for one hundred and sixty-tliree dollars…
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Woods, Judge, furnishes the following statement of the case: In 1875, L. D. Pappenheimer & Co. filed their bill in the circuit court of Lincoln county against Henry Roberts and .his wife Catharine Roberts, Thomas Roberts and his wife Emily Roberts, and John Wysong, alleging that on March 3, 1873, they recovered in the said, court against said Henry Roberts and John Wysong, as partners, under the firm of Roberts & Wysong, a judgment for one hundred and sixty-tliree dollars and sixty-eight cents, with interest from that day and nine dollars and five cents costs, and that an abstract thereof was…
1Opinion of the Court
Woods, Judge:
The first question presented by this record is, what judgment should the court have entered upon the defendants’ demurrer to the plaintiffs’ bill ? It does not appear that the demurrer was formally acted upon or considered by the court. It would seem as if the court had overlooked it altogether, for in all its subsequent proceedings no notice of it was ever taken. Under these circumstances we must hold that the demurrer was overruled. Ho grounds for the demurrer are stated, but it will appear at a glance that the real cause of demurrer was the absence ot proper parties. The…
2Cases cited7 opinions
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- Neely v. JonesWest Virginia Supreme Court · 1880
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- State v. HeatonWest Virginia Supreme Court · 1883
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3Cited by15 opinions
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