Averill v. Boyer
West Virginia Supreme Court
Error to Circuit Court, Kanawha County. Action by Mary J. Averill against Lula D. Boyer. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
WILLIAMS, PRESIDENT:
This suit was originally brought before a justice of the peace to recover money on contract for exchange of lands. Appeal was taken from the judgment of the justice to the intermediate court of Kanawha county. The case was there tried by a jury and a verdict and judgment obtained by plaintiff for $282.22. Defendant was denied a writ of error by the circuit court of Kanawha county, and then obtained one from this Court. The verdict rests upon conflicting oral testimony, as to the weight of which the jury are the sole judges; and, unless it is contrary to the evidence, or…
2Cases cited6 opinions
- Simpkins v. WhiteWest Virginia Supreme Court · 1897
- Poole v. DilworthWest Virginia Supreme Court · 1885
- O'Connor v. DilsWest Virginia Supreme Court · 1896
- Williams & Davisson Co. v. Ferguson Contracting Co.West Virginia Supreme Court · 1906
- Drinkard v. HeptinstallWest Virginia Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Townsend v. Brushy Run Lumber Co.West Virginia Supreme Court · 1914