Lazier v. Nevin
West Virginia Supreme Court
The declaration in this case was filed at April rules, 1865, in the clerk’s office of the circuit court of Monongalia county, by Theodore Ii. Nevin, assignee of E. P. Pitch, against Isaac Scott, George D. Evans, George W. Dorsey, Sr., and William Lazier.
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The declaration in this case was filed at April rules, 1865, in the clerk’s office of the circuit court of Monongalia county, by Theodore Ii. Nevin, assignee of E. P. Pitch, against Isaac Scott, George D. Evans, George W. Dorsey, Sr., and William Lazier. It alleged that Alpheus C. Dorsey and the other defendants, made their promissory note in writing, payable to the order of Eiteh at the banking bouse of Patrick & Co., in Pittsburgh, for 3,500 dollars, due at twelve months, dated November 11th, 1859. That after-wards Fitch assigned the note to the plaintiff. On the 20th of May, 1865, the…
1Opinion of the CourtMaxwell, J.
The first cause of error assigned is, that the court erred in allowing the plaintiff to withdraw the issues on the 4th, 5th and 8th of the pleas first filed.
No good reason has been advanced, nor is it easy to imagine one, why the defendant was or could have been prejudiced by allowing the pontiff to withdraw the issues. No surprise could have been occasioned to the-defendant on *627the trial because the cause was not tried at that term, and the pleas themselves were all bad. . •
The second and third causes of error .assigned are, that the court erred in sustaining the demurrer to the 4th, 6th and…
2Cases cited1 opinion
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- Hopkins v. Detwiler & Co.West Virginia Supreme Court · 1885
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