Pennington v. Gillaspie
West Virginia Supreme Court
Error to Circuit Court, Tucker County. Action by Diannah J. Pennington against C. D. G-illaspiel Judgment for plaintiff and defendant brings error.
1Opinion of the Court
Miller, Judge:
The first error assigned is the overruling of defendant’s motion to strike out certain parts of the first count, and his demurrer to the second count of the declaration.
Originally, the demurrer was general, and not to a particular count; and on the former hearing here, 63 W. V a. 541, 548, we held that the insufficiency of the second count did not vitiate the declaration as a whole. When the case went back for a new trial defendant then interposed his motion, and his demurrer to the second count, and the question now is presented whether the judgment of the court thereon was…
2Cases cited22 opinions
- Kerr v. LunsfordWest Virginia Supreme Court · 1888
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Carrico v. W. Va. Cent. & Pa. R'y. Co.West Virginia Supreme Court · 1891
- Bomar v. ParkerTexas Supreme Court · 1887
17 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
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- Wells v. SmithWest Virginia Supreme Court · 1982
- William C. Atwater & Co. v. Fall River Pocahontas Collieries Co.West Virginia Supreme Court · 1937
- Raines v. FaulknerWest Virginia Supreme Court · 1947
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