Gas Co. v. Wheeling
West Virginia Supreme Court
This was an appeal, by the plaintiff below, from the judgment of the circuit court of Ohio county, rendered on the thirty-first day of October, 1872. The Hon. Thayer Melvin, Judge of the First Judicial Circuit, presided at the trial of the cause.
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This was an appeal, by the plaintiff below, from the judgment of the circuit court of Ohio county, rendered on the thirty-first day of October, 1872. The Hon. Thayer Melvin, Judge of the First Judicial Circuit, presided at the trial of the cause. Ou the sixteenth day of June, 1871, the Wheeling Gas Company sued out of the Clerk’s office of said circuit court of Ohio county, a summons in unlawful de-tainer, against the city of Wheeling, Andrew J. Sweeney, Michael Reilly, William B. Simpson, George W. Jeffers, Perry Tracy and William Newton Tracy, commanding the said defendants to appear before…
1Opinion of the Court
Hoffman, Judge:
Chapter 124 of the Code relates to “process and the order of publication.” The first division relates to “process generally.” In the year 1871, section 2 was amended and re-enacted so that it is as follows:
“Process from any court, whether original, mesne or final, may be directed to the sheriff of any county, except that process against a defendant (unless a railroad, canal, turnpike, telegraph company or insurance company be defendant) to answer any action brought under the second section of chapter 123, shall not be directed to an officer of any other county than that wherein…
2Cases cited2 opinions
- Harrison v. MiddletonSupreme Court of Virginia · 1854
- O'Brien v. CamdenWest Virginia Supreme Court · 1868
3Cited by8 opinions
- State Ex Rel. Smith v. BosworthWest Virginia Supreme Court · 1960
- Fisher, Sons & Co. v. CrowleyWest Virginia Supreme Court · 1905
- Coda v. ThompsonWest Virginia Supreme Court · 1894
- State v. CampbellWest Virginia Supreme Court · 1896
- Montgomery v. Economy Fuel Co.West Virginia Supreme Court · 1907
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