Ireland v. Smith
West Virginia Supreme Court
Error to Circuit Court, Doddridge County. Action by Rosalena Ireland against T. B. Smith and others. Judgment for plaintiff, and defendants bring error.
1Opinion of the Court
Williams, Judge:
This writ of error was awarded on petition of Thomas B. and Daniel S. Smith to a judgment rendered against them in favor of plaintiff by the circuit court of Doddridge county for the sum of $550. A number of errors are assigned, the first being the overruling of the demurrer to the declaration. This assignment is not well taken. The declaration contains the common counts in assumpsit and is good in form.
The second assignment is that it was error to overrule defendants’ motion to exclude plaintiff’s evidence because of a variance. There was no variance. The evidence was…
2Cases cited4 opinions
- Halstead v. HortonWest Virginia Supreme Court · 1894
- Gregory's Adm'r v. Ohio River R'dWest Virginia Supreme Court · 1893
- State v. HenaghanWest Virginia Supreme Court · 1914
- Moore v. PatchinWest Virginia Supreme Court · 1912
3Cited by9 opinions
- State v. BraggWest Virginia Supreme Court · 1955
- Ritz v. KingdonWest Virginia Supreme Court · 1953
- Ritz v. KingdonWest Virginia Supreme Court · 1953
- Guyandotte Coal Co. v. Virginian Electric & Machine WorksWest Virginia Supreme Court · 1923
- State v. CruikshankWest Virginia Supreme Court · 1953
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