James v. Adams
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Wood, rendered on the 17th day of October, 1878, in an action at law in said court then pending, wherein A. R. James and John W. Mitchell were plantiffs and T. H. Adams was defendant, allowed upon the petition of said Adams. Hon. J. M. Jackson, judge of the fifth judicial circuit, rendered the judgment complained of. Greeu, President, furnishes the following statement of the case.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Wood, rendered on the 17th day of October, 1878, in an action at law in said court then pending, wherein A. R. James and John W. Mitchell were plantiffs and T. H. Adams was defendant, allowed upon the petition of said Adams. Hon. J. M. Jackson, judge of the fifth judicial circuit, rendered the judgment complained of. Greeu, President, furnishes the following statement of the case. This case has been before this Court heretofore. It is an action of assumpsit brought in the circuit court of Wood county, by the…
1Opinion of the Court
Green, PRESIDENT,
delivered the opinion of the Court:
The first question presented by the record in this case is; *257Did the circuit court err in overruling the demurrer to the declaration and each count thereof? As the common; counts were in proper form, the court did not err in overruling the demurrer to the declaration. The counsel for the appellants object to the first count: first, that no damages are said to have been incurred by the breach of the contract named in the first count. As the object of an action of assumpsit is to recover damages for the breach of the contract, it is essential…
2Cases cited10 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- James & Mitchell v. AdamsWest Virginia Supreme Court · 1875
- Clark v. Tacoma Building & Savings Ass'nWashington Supreme Court · 1891
- Joy v. HopkinsNew York Supreme Court · 1847
- Redmond v. SmockIndiana Supreme Court · 1867
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3Cited by15 opinions
- Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
- Taylor v. Baltimore & O. R.West Virginia Supreme Court · 1889
- Clarke v. Ohio River R.West Virginia Supreme Court · 1894
- McKelvey v. Ches. & Ohio R'y Co.West Virginia Supreme Court · 1891
- Carrico v. W. Va. Cent. & Pa. R'y. Co.West Virginia Supreme Court · 1891
10 more not listed; retrieve them via the Exa API.