Martin v. Rexroad
West Virginia Supreme Court
Appeal from a decree of the circuit court of the county of Ritchie rendered on the 25th day of April, 1878, in a cause in said court then pending, wherein C. C. Martin and John L. Gilbert were plaintiffs and Zachariah P. Rexroad and others were defendants, allowed upon the petition of said Rexroad. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from.
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Appeal from a decree of the circuit court of the county of Ritchie rendered on the 25th day of April, 1878, in a cause in said court then pending, wherein C. C. Martin and John L. Gilbert were plaintiffs and Zachariah P. Rexroad and others were defendants, allowed upon the petition of said Rexroad. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. Johnson, Judge, furnishes the following statement of the case: The plaintiffs, as late partners under the firm name of Martin & Gilbert, filed their bill in the circuit court of Ritchie county at January…
1Opinion of the CourtJohnson, Judge
The demurrer to the supplemental bill was properly overruled. The charges of fraud, collusion and confederacy against the defendants, Harris, Rexroad and Mus-grave, were distinctly made therein. An award of arbi-Syllabus 1. trators may be relied upon as a bar to a suit, but before the defendant can rely upon such a defense, it must be properly pleaded. The defense of the award of arbitrators, attempted to be pleaded in the answer of Rexroad, *519could not avail him as a defense, because too imperfectly pleaded, if it in tact existed. Among its other defects are the following: That it does not…
2Cases cited1 opinion
- Lockhard v. BeckleyWest Virginia Supreme Court · 1877
3Cited by10 opinions
- Burt v. TimmonsWest Virginia Supreme Court · 1887
- Knight v. CapitoWest Virginia Supreme Court · 1884
- Riley v. JarvisWest Virginia Supreme Court · 1896
- Hickman's Ex'or v. TroutSupreme Court of Virginia · 1887
- Turner v. StewartWest Virginia Supreme Court · 1902
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