Jelenko v. Coleman
West Virginia Supreme Court
(xREEN, Judge, furnishes the following statement of the case : A. Jelenko &Bro. instituted an action of assumpsit in the county court of Kanawha against Sylvester Coleman. On the 1st clay of November, 1875,the defendant pleaded non-assumpsit, payment and set-off, and the court gave him leave to file specifications of payments and sets-off, and issue was thereupon joined.
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(xREEN, Judge, furnishes the following statement of the case : A. Jelenko &Bro. instituted an action of assumpsit in the county court of Kanawha against Sylvester Coleman. On the 1st clay of November, 1875,the defendant pleaded non-assumpsit, payment and set-off, and the court gave him leave to file specifications of payments and sets-off, and issue was thereupon joined. On the 5th day of November, 1875, the defendant filed bis specifications of payments and sets-off', and the plaintiffs filed their specifications of counter off sets, and the case was tried on the issues joined by a jury, who…
1Opinion of the Court
G-reeN,' Judge:
Before considering the merits of this ease we must dispose of a preliminary question, and that is, whether, when the circuit court of Kanawha county on the 18th day of December, 1879, entered up the judgment complained of, it had any jurisdiction to enter up any judgment in this case. If it had not, its judgment must be set aside without any éxamination of the merits or demerits of the judgment itself. The facts bearing on this jurisdictional question appearing in the record are, that on the 6th day of November,,1875, the jury in the county com't of Kanawha, where this case had…
2Cited by1 opinion
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