Burner v. Nutter
West Virginia Supreme Court
Error to Circuit Court, Upsliur County. Action by W. L. Burner against W. B. Nutter and others. Judgment for defendants on appeal from a justice’s court, and plaintiff brings error.
1Opinion of the Court
Lynoh, Judge :
In this action, commenced before a justice, for the recovery of the amount of two notes payable to plaintiff, executed by A. G-. Griffin and "W. B. Nutter, the latter as surety, the jury returned a directed verdict for defendant Nutter, 'and thereon the court entered the judgment brought here on writ of error. *257Because of Griffin’s insanity, the ease proceeded to trial against Nutter as if he were sole defendant,. Besides the plea of non-assumpsit, on which issue was joined, defendant also tendered and over objection was permitted to file two special pleas. By one plea he averred…
2Cases cited7 opinions
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Brown v. ChadbourneSupreme Judicial Court of Maine · 1849
- Jones v. CrosthwaiteSupreme Court of Iowa · 1864
- Davis v. StattsIndiana Supreme Court · 1873
- St. Albans Bank v. DillonSupreme Court of Vermont · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Phelps v. DawsonCourt of Appeals for the Eighth Circuit · 1938
- Bolyard v. BolyardWest Virginia Supreme Court · 1917
- Boerner v. McCallisterSupreme Court of Virginia · 1955
- State v. AucoinSupreme Court of Louisiana · 1944
- State v. AucoinSupreme Court of Louisiana · 1944