Douglass v. Central Land Co.
West Virginia Supreme Court
Supersedeas allowed upon the petition of the Central Land Company of "West Virginia, to a judgment of the circuit court of Cabell county, rendered on the 12th day of June, 1874, in an action at law in said court then pending, wherein H. T. Douglass was plaintiff, and the said Central Land Company of West Virginia, was defendant. The Hon. Evermont Ward, Judge of the ninth judicial circuit, rendered the judgment below.
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Supersedeas allowed upon the petition of the Central Land Company of "West Virginia, to a judgment of the circuit court of Cabell county, rendered on the 12th day of June, 1874, in an action at law in said court then pending, wherein H. T. Douglass was plaintiff, and the said Central Land Company of West Virginia, was defendant. The Hon. Evermont Ward, Judge of the ninth judicial circuit, rendered the judgment below. Greek, Presidekt, furnishes the following statement of the case : H. T. Douglass brought his action of assumpsit, in the circuit court of Cabell county, against the Central Land…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
syllabus 1. The defendant’s counsel insists that the court erred in rendering judgment in this case, because no issue was made on the plea of non assumpsit, the defendant - did not put himself upon the country; nor did the plaintiff do the like. There is nothing in this assignment of error. The record states, that on December 12, 1872, the defendant pleaded “ non assumpsit,” to which the plaintiff replied generally. The only conclusion to such a plea is to the country. It is both unusual and unnecessary for the record to show that this plea…
2Cases cited6 opinions
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3Cited by26 opinions
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