Barber v. F. & M. Insurance Co. of Wheeling
West Virginia Supreme Court
Supersedeas to an order of the municipal court of Wheeling rendered on the 27th day of December, 1877, in an action of assumpsit, in said court then pending, wherein Matthew Barber was plaintiff and The Fire and Marine Insurance Company of Wheeling was defendant, allowed upon the petition of said defendant. Hon. Gibson L. Cranmer, judge of the municipal court of Wheeling, rendered the order complained of.
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Supersedeas to an order of the municipal court of Wheeling rendered on the 27th day of December, 1877, in an action of assumpsit, in said court then pending, wherein Matthew Barber was plaintiff and The Fire and Marine Insurance Company of Wheeling was defendant, allowed upon the petition of said defendant. Hon. Gibson L. Cranmer, judge of the municipal court of Wheeling, rendered the order complained of. Moore, Judge, furnishes the following statement of the case: Matthew Barber, on the 8th day of September, 1875, sued out of the clerk’s office of the municipal court of Wheeling, a writ in…
1Opinion of the CourtMoore, Judge
The defendant’s demurrer to the declaration, being general, and nothing appearing in the record, nor in the assignment of errors in the appellant’s petition for super-sedeas to show what was the real ground of demurrer, we are left to take what was said in the-argument of appellant’s attorneys before us, to be the only ground upon which the demurrer was made. They say, “the plaintiff, as required by Simmons v. Insurance Company, 8 W. Va. 474, set forth in his declaration all the provisions of the policy qualifying the defendant’s liability, or exempting him therefrom. Under No. 12, he…
2Cases cited6 opinions
- Killips v. Putnam Fire InsuranceWisconsin Supreme Court · 1871
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
- Mayor of New York v. Hamilton Fire InsuranceNew York Court of Appeals · 1868
- Longhurst v. Star InsuranceSupreme Court of Iowa · 1865
- Simmons v. Insurance Co.West Virginia Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- Steel v. Phenix Ins.Court of Appeals for the Ninth Circuit · 1892
- Murdock v. Franklin Ins.West Virginia Supreme Court · 1889
- Case v. Sun InsuranceCalifornia Supreme Court · 1890
- Flaherty v. FlemingWest Virginia Supreme Court · 1906
25 more not listed; retrieve them via the Exa API.