Legal Opinion

Smith v. West Virginia Central Gas Co.

West Virginia Supreme Court

Decided February 23, 1909PublishedCited by 2 opinions

Error to Circuit Court, Barbour County. Action in a justice’s court by M,. L. Smith against the West 'Virginia Central Gas' Company. There was a default judgment for plaintiff, and defendant appealed to the circuit court, which court dismissed the appeal, and defendant brings error.

1Opinion of the Court

Miller, President:

Plaintiff sued defendant before a justice, the summons .reading, “for the recovery of money due for damages in which the plaintiff will claim judgment for $100.00, exclusive of interest and costs.” Judgment by default in favor of the plaintiff against defendant for $118.00, and costs was recorded by the justice. Defendant filed with the justice an appeal bond in the penalty of two hundred and ten dollars, and the justice-certified a transcript of his docket, and the original papers, to the circuit court. The justice’s docket does not show filing of the bond and approval…

2Cases cited9 opinions

  1. Putnam v. PutnamArizona Supreme Court · 1890
  2. Zoller v. McDonaldCalifornia Supreme Court · 1863
  3. Janes v. LanghamTexas Supreme Court · 1867
  4. Harbert v. Monongahela River RailroadWest Virginia Supreme Court · 1901
  5. Holmes v. YokeWest Virginia Supreme Court · 1900

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Staats v. McCartyWest Virginia Supreme Court · 1947
  2. Hall v. Overland Knight Sales Co.West Virginia Supreme Court · 1929

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API