Legal Opinion

West Virginia Architects & Builders v. Stewart

West Virginia Supreme Court

Decided January 24, 1911PublishedCited by 18 opinions

Error to Circuit Court, Cabell County. Action by the West Virginia Architects & Builders against Mary W. Stewart. Judgment for defendant, and plaintiff brings .error.

1Opinion of the Court

Milled, Judge :

The court below sustained defendant’s demurrer to plaintiff’s evidence, and entered judgment thereon for demurrant. Defendant offered no evidence except her own to’ the effect that as executrix she had found among decedent’s» papers no account or memorandum showing any indebtedness to plaintiff. On cross examination, however, she admitted, that as far as she knew decedent kept no regular books of account with individuals.

'The action was assumpsit, plaintiff demanding of decedent’s estate, a balance alleged to be due it on account growing out of contracts to build certain…

2Cases cited13 opinions

  1. Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
  2. Nicholls v. WebbSupreme Court of the United States · 1823
  3. Bates v. PrebleSupreme Court of the United States · 1894
  4. Mayor, Etc., of N.Y. v. . SEC. Ave. R.R. Co.New York Court of Appeals · 1886
  5. Insurance Co. v. RailroadSupreme Court of North Carolina · 1905

8 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. FairchildWest Virginia Supreme Court · 1982
  2. State v. LarueWest Virginia Supreme Court · 1925
  3. Loveman, Joseph Loeb v. McQueenSupreme Court of Alabama · 1919
  4. Radtke v. TaylorOregon Supreme Court · 1922
  5. Browning v. HoffmanWest Virginia Supreme Court · 1922

13 more not listed; retrieve them via the Exa API.

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