Smith v. Townsend
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Pleasants, rendered on the 26th day of November, 1879, on a supersedeas to a judgment of the county court of said county, wherein C. P. Smith was plaintiff in error and J. B. Townsend was defendant in error, allowed upon the petition of said Townsend. Hon. James M. Jackson, judge of the fifth 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 Pleasants, rendered on the 26th day of November, 1879, on a supersedeas to a judgment of the county court of said county, wherein C. P. Smith was plaintiff in error and J. B. Townsend was defendant in error, allowed upon the petition of said Townsend. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the judgment complained of. GREEN, Judge, furnishes the following statement of the case: On August 2, 1879, C. P. Smith brought his action of assumpsit against J. 33. Townsend in the county court…
1Judgment of the CourtGreen, Judge
The question involved in this case is: Ought the circuit court of Pleasants on the writ of error from the county court of Pleasants to have reversed the judgment of the county court and set aside the verdict of the jury and *492awarded a new trial? It is claimed by the cousel for Townsend, that it could not do so properly, because the county court had certified neither the facts proven nor all the evidence in the case, which was before the jury. If this be so, of course the circuit court ought not to have reversed the the judgment of the county court, as it had no means of determining, whether it…
2Cases cited3 opinions
- State ex rel. Crumbacker v. SeabrightWest Virginia Supreme Court · 1879
- Ramsburg v. ErbWest Virginia Supreme Court · 1880
- Sanaker v. CushwaWest Virginia Supreme Court · 1868
3Cited by14 opinions
- State v. FlanaganWest Virginia Supreme Court · 1885
- Campbell v. CampbellWest Virginia Supreme Court · 1962
- Cushwa v. Improvement L. & B. Ass'nWest Virginia Supreme Court · 1898
- State v. StowersWest Virginia Supreme Court · 1909
- Travis v. Peabody InsuranceWest Virginia Supreme Court · 1886
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