Legal Opinion

Brand v. Swindler

West Virginia Supreme Court

Decided February 7, 1911PublishedCited by 5 opinions

Error to Circuit Court, Marion County. Petition of Harry F. Brand for a writ of prohibition to J. I. Swindler, Justice, and others. From an order denying the writ, plaintiff brings error.

1Opinion of the Court

Robinson, Judge:

Brand sued Yangilder, before a justice of the peace, for money claimed to be due. The case was tried on January 5, both parties appearing. Judgment for the plaintiff was pronounced. The defendant gave notice to the plaintiff that on January 19 he would move the justice to set aside the judgment and grant a new trial. On the last named day, the parties appeared and motion pursuant to the notice was heard by the justice. That day being a Saturday, the justice reserved decision until the next Monday, January 21, on which day he sustained the motion and made an order setting aside…

2Cases cited4 opinions

  1. State ex rel. Matheny v. County Court of Wyoming CountyWest Virginia Supreme Court · 1900
  2. Henry v. Ohio River R.West Virginia Supreme Court · 1895
  3. State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
  4. McClain Adm'r v. DavisWest Virginia Supreme Court · 1892

3Cited by5 opinions

  1. Barnhart v. State Compensation CommissionerWest Virginia Supreme Court · 1945
  2. Means v. KiddWest Virginia Supreme Court · 1951
  3. McVey v. ButcherWest Virginia Supreme Court · 1913
  4. Hurley v. HurleyWest Virginia Supreme Court · 1912
  5. Phillips v. Commercial Credit Co.West Virginia Supreme Court · 1939

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