Peabody Ins. v. Wilson & Beasley
West Virginia Supreme Court
Statement of.the case by Woods, Judge : This was an action of debt brought in the Circuit Court of Cabell count)*- by The Peabody Insurance Compairy against.
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Statement of.the case by Woods, Judge : This was an action of debt brought in the Circuit Court of Cabell count)*- by The Peabody Insurance Compairy against. Wilson & Beardsley, makers, and E. S. Buffington indorser of a promissory note in the words and figures following: “$4,000.00. Huntington, W. Va., August 23,1884. “ Six months after date we promise to pay to the order of E. S. Buffington four thousand dollars, negotiable and payable without offset, at the Exchange Bank of Wheeling, Wheeling, West Virginia. Value received. “ Wilson & Beabdsley.” “Endorsed. — “ E. S. Buffington.” “ Peabody…
1Opinion of the Court
Woods, Judge :
The plaintiff in error insists, that the Circuit Court erred in rendering judgment against him on the demurrer, because— 1st — The evidence was wholly insufficient to maintain the issue on the part of the plaintiff against him; 2d, it included in the taxation of the costs a statutory fee of $15.00; and 3d, because of other errors apparent upon the face oí the record.
We are clearly of opinion that the court erred in including in its judgment for costs a statutory fee of $15.00 as there is no statute authorising a fee to be taxed in actions at law.
Section 13 of chapter 138 of the…
2Cases cited29 opinions
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Townsley v. SumrallSupreme Court of the United States · 1829
- Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
- Seneca County Bank v. NeassNew York Supreme Court · 1848
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3Cited by42 opinions
- Deaton v. ViseTennessee Supreme Court · 1948
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- Cook v. Raleigh Lumber Co.West Virginia Supreme Court · 1914
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- Laas v. LubicWest Virginia Supreme Court · 1926
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