Legal Opinion

Jarrett's Admrs. v. Nickell

West Virginia Supreme Court

Decided September 9, 1876PublishedCited by 9 opinions

Writ of error to a judgment of the circuit court of Greenbrier county, entered on the twenty-sixth day of Juno, 1865, in an action therein, then, pending, in which Alexander F. Mathews and Joseph Jarrett, administrators of James Jarrett, deceased, were plaintiffs, and James M. JSTickell and Samuel C. Ludington were defendants. The facts of the case are fully shown in the opinion, of the Court. Hon. Homer A. Holt, judge of said circuit court presided at the hearing below.

1Opinion of the Court

Greem, Judge :

James Jarrett’s administrators brought an action of debt, in the circuit court of Greenbrier county, against James M. Nickell and Samuel C. Ludington, upon a bond for $2,534.45, payable on demand, and dated July 7, 1866. The defendants filed pleas of payment and usury, to which the plaintiff replied generally, and issues, were joined. On June 26, 1875, by consent of parties,, the cause was submitted to the court, in lieu of a jury. The defendants were allowed to make any defences, under the issues in the cause, of any matters which they could make, if said matters were specially…

2Cases cited13 opinions

  1. Thorington v. SmithSupreme Court of the United States · 1869
  2. Dearing's Adm'x v. RuckerSupreme Court of Virginia · 1868
  3. Childers v. Deane & PagenCourt of Appeals of Virginia · 1826
  4. Butcher v. CarlileSupreme Court of Virginia · 1855
  5. Fultz v. DavisSupreme Court of Virginia · 1875

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3Cited by9 opinions

  1. Teter v. MooreWest Virginia Supreme Court · 1917
  2. Bierne v. Brown's Adm'rWest Virginia Supreme Court · 1877
  3. Rexroad v. McQuainWest Virginia Supreme Court · 1884
  4. Lee v. TapscottCourt of Appeals of Virginia · 1796
  5. Lee v. TapscottCourt of Appeals of Virginia · 1796

4 more not listed; retrieve them via the Exa API.

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