Allen v. Bartlett
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Harrison, rendered on the 7th day of January, 1880, in an action in said court then pending; wherein Mary TC. I\ Allen was plaintiff, and Wirt Bartlett was defendant, allowed upon the petition of said Allen. lion. A. B. TTeming, judge of the second judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Harrison, rendered on the 7th day of January, 1880, in an action in said court then pending; wherein Mary TC. I\ Allen was plaintiff, and Wirt Bartlett was defendant, allowed upon the petition of said Allen. lion. A. B. TTeming, judge of the second judicial circuit, rendered the judgment complained of. The facts of the case fully appear in the opinion of the Court: • 1. The continuing over hy Smith after the 1st of April, 1873, with the assent of Allen, made him a tenant from year to year upon the same terms as…
1Opinion of the Court
Snyder, Judge,
annomiced tlio opinion of the Covirt:
Mary E. P. Allen, on tlie 19th clay of April, 1876, brought an action of assumpsü in the circuit court of I Tarrison county against "Wirt Bartlett to recover two hundred and fifty dollars for rent, damages and the use and occupation of a tract of two hundred and forty acres of land in said county known as the “ Jack run land.” The defendant entered the plea of non-assumpsit', and at the June term, 1879, the said action was submitted to a jury; and after all the evidence was heard the plaintiff demurred to the evidence of the defendant, in…
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