Saffel v. Woodyard
West Virginia Supreme Court
Case Certified from Circuit Court, Taylor County. Action by Samuel Saffiel against Tbomas E. Woodyard. Certified for review of an order sustaining a demurrer to special counts and dismissing tbe action.
1Opinion of the Court
Poffenbarger, President:
The certificate in this case, by which review of the decision of the court below upon a demurrer to a declaration in an action of assumpsit to recover a proportionate part of the cost of ■ construction of a line fence between the lands of coterminous owners, consisting of three counts, two special and the other common, must be dismissed as having been improvidently sent up and docketed.
After sustaining the demurrer as to the special counts, the order dismissed the action. Its conclusion reads: “And *748the plaintiff not desiring -to amend his declaration any further, it is…
2Cases cited2 opinions
- Heater v. LloydWest Virginia Supreme Court · 1920
- Pittsburgh & West Virginia Gas Co. v. ShreveWest Virginia Supreme Court · 1922
3Cited by7 opinions
- State v. O'BrienWest Virginia Supreme Court · 1926
- Gaymont Fuel Co. v. PriceWest Virginia Supreme Court · 1953
- State v. MillerWest Virginia Supreme Court · 1960
- State v. BrownWest Virginia Supreme Court · 1976
- State v. CrockettWest Virginia Supreme Court · 1923
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