Legal Opinion

Hopkins v. Baltimore & O. R.

West Virginia Supreme Court

Decided December 2, 1896PublishedCited by 14 opinions

cited Code, c. 50, ss. 164, 169, 170, 172; 31 W. Ya. 366; 35 W. Ya. 328, 332; 14 How. Pr. 380; 86 Ya. 232; Freem. Judg. § 117.

1Opinion of the Court

Brannon, Judge:

William Hopkins brought a suit against the Baltimore & Ohio Railroad Company before a justice, and obtained judgment, and the railroad company appealed to the circuit court. In the circuit court the company moved to quash the summons, and the return of service of it, and the motion was sustained. The only basis suggested for this motion is that the constable’s return, showing service on an agent of the company at one of its stations, failed to show that he' resided in the county in which the service was. This would invalidate the return and the judgment on it. Taylor v.…

2Cases cited7 opinions

  1. Capehart v. CunninghamWest Virginia Supreme Court · 1878
  2. Evans v. TaylorWest Virginia Supreme Court · 1886
  3. Shenandoah V. R. R. v. Ashby's TrusteesSupreme Court of Virginia · 1889
  4. Walker v. CommonwealthSupreme Court of Virginia · 1867
  5. Taylor v. Ohio River R'y Co.West Virginia Supreme Court · 1891

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

3Cited by14 opinions

  1. Pennsylvania R. R. v. RogersWest Virginia Supreme Court · 1903
  2. Schoonover v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1911
  3. Kesler v. LaphamWest Virginia Supreme Court · 1899
  4. Lane v. BallOregon Supreme Court · 1916
  5. McClure-Mabie Lumber Co. v. BrooksWest Virginia Supreme Court · 1899

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

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