Baltimore & Ohio Railroad v. Faulkner
West Virginia Supreme Court
The summons in this case was dated July 17th, 1867, and was returnable to August rules following, when the declaration was filed. The latter claimed for professional services as an attorney and counseller at law rendered by the plaintiff to the defendant. It contained several counts in indebitatus assumpsit as per bills of particulars filed, a special count for an agreement for an annual retaining fee of 100-dollars, counts for money paid out, &c., and on an account stated.
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The summons in this case was dated July 17th, 1867, and was returnable to August rules following, when the declaration was filed. The latter claimed for professional services as an attorney and counseller at law rendered by the plaintiff to the defendant. It contained several counts in indebitatus assumpsit as per bills of particulars filed, a special count for an agreement for an annual retaining fee of 100-dollars, counts for money paid out, &c., and on an account stated. The aggregate of the account of the plaintiff was 2,278 dollars and 48 cents, subject to credits amounting to 1,468…
1Opinion of the CourtMaxwell, J.
The first ground of error assigned is, that the court erred in trying the ease and giving judgment against the petitioner without any replication ever having been filed to either of petitioner’s pleas, or without any issue joined in the case. There were two pleas filed by the defendant below, one the general issue, and the other the plea of the statute of limitations, on neither of which was issue joined. The trial of the case was had before the court instead of the jury, under section 38 of ch. 162, Code of Va., 1860, p. 693. The intervention of a jury was by consent dispensed with, and the…
2Cases cited3 opinions
- Wickham & Goshorn v. Lewis Martin & Co.Supreme Court of Virginia · 1856
- Sawyer v. CorseSupreme Court of Virginia · 1867
- Pryor v. KuhnSupreme Court of Virginia · 1855
3Cited by23 opinions
- First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
- Curry v. Town of ManningtonWest Virginia Supreme Court · 1883
- State v. DouglassWest Virginia Supreme Court · 1882
- Hickman v. Baltimore & O. R. R.West Virginia Supreme Court · 1887
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
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