Landsman-Hirscheimer Co. v. Radwan
West Virginia Supreme Court
Error to Circuit Court, Wyoming County. Action by the Landsman-Hirscheimer Company against J. A. Radwan. Judgment for plaintiff, and the defendant brings - error.
1Opinion of the Court
Poffenbarger, President:
The judgment on this writ of error, taken for $1,000.00, on an open account for merchandise sold and delivered, under the provisions of sec. 6 of ch. 121 of the Code, by motion after notice, is complained of on the ground of alleged failure to comply with essential requirements of - said statute and other provisions of the law.
Although a copy of the itemized account seems to have been "served upon the defendant” with the notice and in sufficient time, it was not- accompanied by the affidavit required by the statute, for' the affidavit bears a date four days later than…
2Cases cited2 opinions
- Bank of Weston v. ThomasWest Virginia Supreme Court · 1914
- Kingman Mills v. FurnerWest Virginia Supreme Court · 1921
3Cited by4 opinions
- Shifflette v. LillyWest Virginia Supreme Court · 1947
- Stephenson v. CavendishWest Virginia Supreme Court · 1950
- Mountain State Water Co. v. Town of KingwoodWest Virginia Supreme Court · 1939
- Rogers v. WolfWest Virginia Supreme Court · 1927