Smith v. Thompson
West Virginia Supreme Court
Certified Questions from Circuit Court, Barbour County. Action in justice’s court by A. D. Smith against -Tí. B. Thompson. Default judgment against defendant, and he ap peals, and the circuit court certifies questions.
1Opinion of the Court
Miller, Judge:
In a case originating in a justice’s court and pending in the circuit court upon an appeal by defendant from the judgment of the justice against him by default, the following questions have been certified to us for decision. “‘(1) Whether the summons upon its face is void, or only voidable; (2) Whether the summons could be amended by inserting the amount sued for of $3(50.00 therein; (3) Whether the bill of particulars filed before the justice on the trial had'before him cured the defects in the summons as to the amount sued for.”
It appears from the record before us that the…
2Cases cited3 opinions
- C. & O. Ry. Co. v. WrightWest Virginia Supreme Court · 1902
- Thorn v. ThornWest Virginia Supreme Court · 1899
- Dadisman v. West Virginia Eastern Telephone Co.West Virginia Supreme Court · 1911
3Cited by2 opinions
- Cudahy Packing Co. v. Chicago & Northwestern Railway Co.Supreme Court of Missouri · 1921
- F. C. Welch Co. v. Barrett MacHine Co.West Virginia Supreme Court · 1928