Anderson v. Kanawha Coal Co.
West Virginia Supreme Court
Supersedeas, allowed upon tbe petition of tbe Kanawha and Ohio Coal Company, to a judgment of tbe circuit court of Kanawba county, rendered on tbe 25tb day of November, 1874, in a suit at law instituted in said court against said company by Jobn Anderson.
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Supersedeas, allowed upon tbe petition of tbe Kanawha and Ohio Coal Company, to a judgment of tbe circuit court of Kanawba county, rendered on tbe 25tb day of November, 1874, in a suit at law instituted in said court against said company by Jobn Anderson. Green, President, furnishes tbe following statement of tbe case: On July 6, 1874, Jobn Anderson brought an action of assumpsit in tbe circuit court of Kanawba, against the Kanawba and Ohio Coal Company, laying tbe damages in the summons at $1,000.00; and at tbe same time an order of attachment was issued, which recited that the plaintiff had…
1Opinion of the Court
*534The opinion of the Court was delivered by
Green, President :
The assignment of errors does not claim that the court erred in overruling the demurrer to any of the counts in the declaration, except the first. And on their face they are unobjectionable. The errors relied on by appellant’s counsel in his petition for a writ of error, are syllabus i. that the court ought to have granted a continuance to the defendant after permitting the plaintiff to amend his bill of particulars, by changing the date when one of the bills of exchange fell due from “ May 22, 1874 ” to “May 27, 1874.” The.Code of W.…
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