Burkhartv. Jennings
West Virginia Supreme Court
In August, 1865, James H. Jennings sued out of the clerk’s office of the circuit court of Ber'kdey county, a writ in trespass on the case, against Daniel Burkhart, William D. Burk-hart, John W. Stewart, Adam Small, Thomas P. IIolUs, and. Daniel Lafever.
Read the full summary
In August, 1865, James H. Jennings sued out of the clerk’s office of the circuit court of Ber'kdey county, a writ in trespass on the case, against Daniel Burkhart, William D. Burk-hart, John W. Stewart, Adam Small, Thomas P. IIolUs, and. Daniel Lafever. The first count in the declaration, filed at the September yules following, alleged that, on the 20th day of September, 1861, the defendants contriving and wixmgfully and injur tiously intending to harass, oppress and injure the plaintiff without good eause, did sue out one writ of attachment against the property, goods and chattels of the…
1Opinion of the Court
Brown, President.
The attorney for the plaintiffs in error, having in the argument of the case, expressly waived the consideration of all the other questions made, or that might arise on the record, except the four points stated in his printed brief, the first of which is, the alleged error of the court in overruling the demurrer to the first count of the declaration, I have not felt called on, therefore, to look further into the record than *255was necessary to understand and determine the errors complained of.
The first count was intended to present a case of malicious prosecution, and is liable…
2Cases cited3 opinions
- Luther v. BordenSupreme Court of the United States · 1849
- Spengler v. DavySupreme Court of Virginia · 1859
- Hood v. MaxwellWest Virginia Supreme Court · 1866
3Cited by6 opinions
- Foster v. PittsSupreme Court of Arkansas · 1897
- Snider v. SniderWest Virginia Supreme Court · 1869
- Huff v. Lanes Bottom BankWest Virginia Supreme Court · 1931
- Lancaster v. WilsonSupreme Court of Virginia · 1876
- Lancaster v. WilsonSupreme Court of Virginia · 1876
1 more not listed; retrieve them via the Exa API.