Legal Opinion

Board of Education v. Berry

West Virginia Supreme Court

Decided October 29, 1907PublishedCited by 19 opinions

Error to Circuit Court, Braxton County. Action by the board of education of Flatwoods district against William H. Berry. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

Miller, President:

In an action of unlawful entry and detainer in the circuit court, the defendant, besides the general issue, by plea put in issue the corporate existence of the plaintiff. In a trial before a jury, after the plaintiff had introduced all its evidence, the circuit court sustained the defendant’s motion to exclude such evidence and directed a verdict for defendant, which the jury returned accordingly. The subseL quent motion of the plaintiff to set aside the verdict and award a new trial did not prevail, and judgment was rendered dismissing the plaintiff’s summons. It does not…

2Cases cited16 opinions

  1. Hoback v. MillerWest Virginia Supreme Court · 1898
  2. Snider's Sons' Co. v. TroySupreme Court of Alabama · 1890
  3. Hart v. Baltimore & O. R. R.West Virginia Supreme Court · 1873
  4. McClaskey v. O'BrienWest Virginia Supreme Court · 1879
  5. Lumber Co. v. WardWest Virginia Supreme Court · 1887

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

3Cited by19 opinions

  1. Caswell v. CaswellWest Virginia Supreme Court · 1919
  2. Stark Electric R. v. McGinty Contracting Co.Court of Appeals for the Sixth Circuit · 1917
  3. Kosman v. ThompsonSupreme Court of Iowa · 1927
  4. Emery v. HennessyIllinois Supreme Court · 1928
  5. Black v. MaxwellWest Virginia Supreme Court · 1948

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

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