Legal Opinion

Mellon & Sons v. Grafton Gas & Electric Light Co.

West Virginia Supreme Court

Decided January 21, 1913Published

Error to Circuit Court, Taylor County. Action by Mellon & Sons against the Grafton Gas & Electric Light Company and others. Judgment for defendants, and plaintiff brings error.

1Opinion of the Court

Millee, Judge:

In debt, on a declaration in’four counts, plaintiffs' have impleaded the defendant company and John T. McGraw and Charles R. Durbin. With their declaration filed at December rules, 1911, the return day of the writ, plaintiffs also filed the statutory affidavit of the amount due, and the conditional judgment then entered, was, at the January rules, 1912, confirmed. No appearance was ever made by the defendant company, and there was no appearance at rules by either of the other defendants. But at the following term of the court, held January 31, 1912, defendants McGraw and Durbin…

2Cases cited4 opinions

  1. Varney & Evans v. Hutchinson Lumber & Mfg. Co.West Virginia Supreme Court · 1908
  2. Bank v. BurdetteWest Virginia Supreme Court · 1907
  3. Netter-Oppenheimer & Co. v. ElfantWest Virginia Supreme Court · 1907
  4. Hansford v. SnyderWest Virginia Supreme Court · 1907

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