Cunningham v. Pitzer
West Virginia Supreme Court
This was an action of trespass on the case brought by the plaintiff below, Henry B. Pitzer, against the defendant, John Cunningham, in the circuit court of Berkeley county, for seizing, threshing and carrying away two hundred bushels of wheat belonging to the plaintiff.
Read the full summary
This was an action of trespass on the case brought by the plaintiff below, Henry B. Pitzer, against the defendant, John Cunningham, in the circuit court of Berkeley county, for seizing, threshing and carrying away two hundred bushels of wheat belonging to the plaintiff. The declaration was filed on the 3d of July, 1865. The defendent pleaded not guilty and filed two pleas alleging that at the time of the trespass charged, he was in the service of the army of the Confederate States; but these latter pleas were not insisted upon when the case was heard in this court. He subsequently filed a…
1Opinion of the CourtMaxwell, J.
The record in this ease contains four special pleas as well as the plea of not guilty.
Two of the special pleas attempt to justify the trespass charged in the declaration on the belligerent rights of the defendant, and a third one attempts to set up a pardon for the acts charged. These three pleas were all demurred to in the court below and the demurrers sustained to each one of them. This is assigned as error in the petition, but is not insisted on in argument here, because it is said that, this court has overruled the defence of belligerent rights during the present term in the cases of…
2Cited by5 opinions
- Trutch v. BunnellOregon Supreme Court · 1883
- State Ex Rel. Rist v. UnderwoodWest Virginia Supreme Court · 1999
- Bailey v. S. J. Groves & Sons Co.West Virginia Supreme Court · 1976
- State Ex Rel. Rist v. UnderwoodWest Virginia Supreme Court · 1999
- United States v. MontagueDistrict Court, S.D. Texas · 1999