State ex rel. Johnson v. Johnson
West Virginia Supreme Court
Statement of the case by Geeen, Judge : On November 10, 1884, Jebu Johnson brought an action of debt against Horatio N. Johnson and Albert Calvert and John C. McEldowney in the circuit court of Wetzel county on an injunction-bond in the penalty of $1,400.00 executed by the defendants.
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Statement of the case by Geeen, Judge : On November 10, 1884, Jebu Johnson brought an action of debt against Horatio N. Johnson and Albert Calvert and John C. McEldowney in the circuit court of Wetzel county on an injunction-bond in the penalty of $1,400.00 executed by the defendants. The declaration was filed at December rules, 1884, and is as follows : “ The State of West Virginia, which sues for the use'and benefit of Jehu Johnson and at his instance and costs, plaintiff, complains of Horatio N. Johnson, Albert G. Calvert and John C. McEldowney, defendants, of a plea that they render to…
1Opinion of the Court
Opinion
by Ceben, Judge :
The petition of the plaintiff in error assigns two errors in this judgment of the court, first in allowing said pleas to be filed before the office-judgment or proceedings at rules were set aside, .and second in overruling the demurrer to the pleas and dismissing the plaintiff’s action at the costs of the real plaintiff, Jehu Johnson. There is nothing in the first assignment of error. Under section, 4 ch. 125 of the Code (Warth’s Code p. 708), when the defendents appeared and pleaded to is*60sue, not before, as the plaintiff’s counsel assumes, the office judgment should…
2Cases cited8 opinions
- Stevenson v. MillerCourt of Appeals of Kentucky · 1822
- Thompson v. LockwoodNew York Supreme Court · 1818
- Guerrant v. AndersonCourt of Appeals of Virginia · 1826
- Benedict v. BrayCalifornia Supreme Court · 1852
- Cumberland Coal & Iron Co. v. Hoffman Coal Co.New York Supreme Court · 1862
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3Cited by1 opinion
- Meyers v. Washington Heights Land Co.West Virginia Supreme Court · 1929