Shrewsbury v. Miller
West Virginia Supreme Court
The writ of error in this case was allowed upon the petition of the defendants to a judgment of the circuit court of Mason county, rendered against them in a certain- action of debt, wherein Columbus Shrewsbury tvas plaintiff and John W. Miller and others were defendants. Johnson, Judge, who delivered the opinion of the Court, gives a sufficient statement of the case.
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The writ of error in this case was allowed upon the petition of the defendants to a judgment of the circuit court of Mason county, rendered against them in a certain- action of debt, wherein Columbus Shrewsbury tvas plaintiff and John W. Miller and others were defendants. Johnson, Judge, who delivered the opinion of the Court, gives a sufficient statement of the case. The Hon. .Joseph Smith, Judge of the seventh judicial circuit, rendered judgment upon the verdict of the jury at October term, 1873, of the circuit court of Mason county. At the September term, 1872, of said court a verdict of…
1Opinion of the Court
JOHNSON, Judge:
It is contended in the argument here, and for the fii’st *121time, that the court erred in abating the suit as to the defendant B. R. Buffington upon the return of the sheriff of “ not tound in my bailiwick,” insisting that .such an order could only be made upon a return of “ non resi--dent” as to a defendant. The return of the shei’iff certainly is not such as would authorize an abatement of the suit as to the defendant Buffington under section eight of chapter one hundred and twenty-five of the Code; but as the defendants made no objection at any time to such abatement, and the…
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