Rutter v. Sullivan
West Virginia Supreme Court
Statement by JOHNSON, PresideNt: This was an action of assumpsit brought in 1879 in the municipal court of Huntington by the plaintiffs to secure the price of goods, &c. The defendants were charged as partners. They pleaded non assumpsit and_filed affidavits denying the partnership. The record shows that the plaintiffs demurred to each of “said affidavits or pleas,” and the court overruled the demurrers.
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Statement by JOHNSON, PresideNt: This was an action of assumpsit brought in 1879 in the municipal court of Huntington by the plaintiffs to secure the price of goods, &c. The defendants were charged as partners. They pleaded non assumpsit and_filed affidavits denying the partnership. The record shows that the plaintiffs demurred to each of “said affidavits or pleas,” and the court overruled the demurrers. A jury was waived, and the court in lieu of a jury heard the case and gave judgment for the plaintiffs for $435.35 with interest and costs. The defendants took throe bills of exceptions to…
1Opinion of the Court
Johnson, President :
The first error assigned is, that no bond was filed for security for costs, as the court required, but an undertaking in the form previously required by statute. The record does not show, that any objection was made to the security tendered or to the form of the writing. The objection was therefore waived. This would have been so, though no security at all had been given. Hill v. Stansbury, 18 W. Va. 477.
The point attempted to be raised in the first bill of exceptions will not be considered, because the answer of the witness is not given, and it does not appear that the…
2Cases cited3 opinions
- Delaplain v. ArmstrongWest Virginia Supreme Court · 1882
- Enos, Hill & Co. v. StansburyWest Virginia Supreme Court · 1881
- Urton v. Hunter, Harris & Co.West Virginia Supreme Court · 1867
3Cited by28 opinions
- State ex rel. Scott v. BolesWest Virginia Supreme Court · 1966
- McDonald v. ColeWest Virginia Supreme Court · 1899
- Scott v. NewellWest Virginia Supreme Court · 1911
- Slater v. MeltonWest Virginia Supreme Court · 1937
- Blue v. TetrickWest Virginia Supreme Court · 1911
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