First National Bank of Wellsburg v. Kimberlands
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Brooke, rendered on the 25th day of September,-1873, in an action at law in said court then pending, in which The First National Bank of Wellsburg was plaintiffj and Campbell Kimberland and Henry Kimberland were defendants, allowed upon the petition of said bank. Hon. T. Melvin, judge of the first judicial circuit, rendered the judgment complained of.
Read the full summary
Writ of error and supersedeas to a judgment of the circuit court of the county of Brooke, rendered on the 25th day of September,-1873, in an action at law in said court then pending, in which The First National Bank of Wellsburg was plaintiffj and Campbell Kimberland and Henry Kimberland were defendants, allowed upon the petition of said bank. Hon. T. Melvin, judge of the first judicial circuit, rendered the judgment complained of. GREEN, President, furnishes the following statement of the case : ' This is an action of assumpsit instituted in the circuit court of Brooke county by The First…
1Opinion of the Court
GREEN, President,
delivered the opinion of the ' Court :
Syllabus 1. In this ease there was a demurrer to the declaration filed by the defendants at rules, upon which the court failed to act. But as the declaration is good, being in the usual form of a declaration on two protested negotiable notes, the failure in Ihe court to act upon the demurrer is an omission, which prejudiced no one and of which this Court will not take notice, as the Appellate ,Court will consider the case, as if the demurrer rvas overruled. (See Bantz & Co. v. Basnett, 12 W. Va. 772). There were also filed at the rules…
2Cases cited24 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Mandeville v. WelchSupreme Court of the United States · 1820
- Carstens v. McReavyWashington Supreme Court · 1890
- Tiernan v. JacksonSupreme Court of the United States · 1831
- Boyd v. HitchcockNew York Supreme Court · 1822
19 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Bluefield Supply Co. v. Frankel's Appliances, Inc.West Virginia Supreme Court · 1965
- National State Bank v. Vigo County National BankIndiana Supreme Court · 1895
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Hulings v. Hulings Lumber. Co.West Virginia Supreme Court · 1893
- Union Trust Co. of Maryland v. TownshendCourt of Appeals for the Fourth Circuit · 1939
70 more not listed; retrieve them via the Exa API.