Legal Opinion

Colley v. Calhoun

West Virginia Supreme Court

Decided November 1, 1921PublishedCited by 7 opinions

Error to Circuit Court, McDowell County. Action by Alex Colley, administrator, ag'ainst A. L. Calhoun. Verdict for plaintiff was set aside, a new trial awarded, and plaintiff brings error.

1Opinion of the Court

Poffenbarger, Judge:

The argument submitted, on this writ of error tacitly, if not expressly, admits the order setting aside the verdict found for the plaintiff and awarding the defendant a new trial, of which complaint is made, stands upon the assumption of invalidity of the plaintiff’s letters . of administration and consequent lack of right to maintain the action brought by him for recovery of money due the estate of Wise Robinson, his intestate.

He took out his letters of administration in the eóunty in which Robinson died, Mercer County, but it is urged that the permanent residencé of the…

2Cases cited6 opinions

  1. Starcher v. South Penn Oil Co.West Virginia Supreme Court · 1918
  2. Findley v. FindleyWest Virginia Supreme Court · 1896
  3. Cicerello v. C. & O. Railway Co.West Virginia Supreme Court · 1909
  4. Tomblin v. PeckWest Virginia Supreme Court · 1913
  5. Allen v. LingerWest Virginia Supreme Court · 1916

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

3Cited by7 opinions

  1. Doak v. SmithWest Virginia Supreme Court · 1923
  2. State Ex Rel. Linger v. County Court of Upshur CountyWest Virginia Supreme Court · 1965
  3. State Ex Rel. Nutter v. MacEWest Virginia Supreme Court · 1947
  4. State ex rel. Horner v. BlackWest Virginia Supreme Court · 1972
  5. Brown v. BrownWest Virginia Supreme Court · 1925

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

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