Bank of Huntington v. Hysell
West Virginia Supreme Court
GREEN, Judge, furnishes the following statement of the case: At November rules,. 1873, the plaintiffs filed the following declaration in the circuit court of Cabell: “In the Circuit Court of Cabell County, to-wit: “John N. Buffington, Peter C. Buffington, J. Harvey Poage, W. H. Hagen, Jno. Hove Bussell, I). W. Emmons and M. Erskine.
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GREEN, Judge, furnishes the following statement of the case: At November rules,. 1873, the plaintiffs filed the following declaration in the circuit court of Cabell: “In the Circuit Court of Cabell County, to-wit: “John N. Buffington, Peter C. Buffington, J. Harvey Poage, W. H. Hagen, Jno. Hove Bussell, I). W. Emmons and M. Erskine. Miller, partners doing business as the Bank of Huntington, complain of M. L. Hysell and A. G. White, who have been summoned to answer the said plaintiffs in an action of debt, and they demand of said defendants the sum of two hundred and fifty dollars, which they…
1Opinion of the Court
GkeeN, Judge :
The circuit court failed entirely to decide the demurrer filed by the defendants to the plaintiffs’ declaration. Of this the defendants cannot complain in this Court, if the declaration was good; but if it was fatally defective, they can complain of this omission. Was the declaration then good? There were in this declaration several fatal defects. It will suffice here to point out a few of them. The plaintiffs in this declaration are seven individuals partners doing business as the Bank of Huntington; but these plaintiffs utterly fail to show or state, that they have any…
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