Legal Opinion

Drinkard v. Heptinstall

West Virginia Supreme Court

Decided March 15, 1904PublishedCited by 5 opinions

Error to Circuit Court, Mercer County. Action by Iiattie N. Drinkarcl against J. P. Heptinstall. Judgment tor plaintiff, and defendant brings error.

1Opinion of the Court

DbNt, Judge:

J. P. Heptinstall complains, on writ of error, to a judgment of the circuit court of Mercer countjq rendered against him on the 29th day of May, 1902, in favor of Hattie N. Drinkard, in an action of unlawful retainer -entitling her to possession of cer- ' tain property held by the defendant as her tenant. The first error assigned is that the circuit court permitted plaintiff to amend her summons as to the description of the property after motion to quash.

The court did this by virtue of section 212, chapter 50, Code, which reads as follows, to-wit:

“No such summons shall be quashed…

2Cases cited2 opinions

  1. Simpkins v. WhiteWest Virginia Supreme Court · 1897
  2. Thorn v. ThornWest Virginia Supreme Court · 1899

3Cited by5 opinions

  1. Whalen v. ManleyWest Virginia Supreme Court · 1910
  2. Hacquard v. SweetwineWest Virginia Supreme Court · 1923
  3. Hans Watts Realty Co. v. Nash Huntington Sales Co.West Virginia Supreme Court · 1929
  4. Averill v. BoyerWest Virginia Supreme Court · 1911
  5. Bennett v. HollingerWest Virginia Supreme Court · 1909

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