Butts v. Butts
West Virginia Supreme Court
Error to Circuit Court, Kanawha County. Action by Chas. Shannon Butts against J. Fleetwood Butts. Verdict for plaintiff. From a judgment setting aside the verdict and awarding a new trial, plaintiff brings error.
1Opinion of the Court
POEEENBARGER, JUDGE :
The grievance complained of on this writ of error is the setting aside of a verdict for the plaintiff and award of a new trial.
To sustain the action of the cou,rt in its allowance of a • new trial, the demurrer to the declaration is relied upon. It contains the common counts and a special'one setting up an oral contract by the defendant to pay to the son the sums of money realized from certain insurance policies on the life of the father, after deduction of certain indebtedness of the father to the defendant and such sums as he should there after pay on account of…
2Cases cited3 opinions
- State v. StowersWest Virginia Supreme Court · 1909
- Cosmopolitan Life Insurance Co. v. KoegelSupreme Court of Virginia · 1905
- Union Stopper Co. v. McGaraWest Virginia Supreme Court · 1909
3Cited by9 opinions
- State v. StewartWest Virginia Supreme Court · 1977
- State v. SpradleyWest Virginia Supreme Court · 1954
- Aetna Life Ins. Co. of Hartford, Conn. v. MaxwellCourt of Appeals for the Fourth Circuit · 1937
- State v. ThomasWest Virginia Supreme Court · 1931
- Flat Top National Bank v. ParsonsWest Virginia Supreme Court · 1922
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