Smith v. West Virginia Central Gas Co.
West Virginia Supreme Court
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
- Putnam v. PutnamArizona Supreme Court · 1890
- Zoller v. McDonaldCalifornia Supreme Court · 1863
- Janes v. LanghamTexas Supreme Court · 1867
- Harbert v. Monongahela River RailroadWest Virginia Supreme Court · 1901
- Holmes v. YokeWest Virginia Supreme Court · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Staats v. McCartyWest Virginia Supreme Court · 1947
- Hall v. Overland Knight Sales Co.West Virginia Supreme Court · 1929