Casanova v. Kreusch
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the municipal court of Wheeling, rendered on the 11th day of October, 1878, in an action at law in said court then pending, wherein Alois Casanova was plaintiff, and Peter Kreusch was defendant, allowed upon the petition of said Kreusch. Hon. G. L. Cranmer, judge of the municipal court of Wheeling, rendered the judgment complained of.
Read the full summary
Writ of error and supersedeas to a judgment of the municipal court of Wheeling, rendered on the 11th day of October, 1878, in an action at law in said court then pending, wherein Alois Casanova was plaintiff, and Peter Kreusch was defendant, allowed upon the petition of said Kreusch. Hon. G. L. Cranmer, judge of the municipal court of Wheeling, rendered the judgment complained of. Green, Judge, furnishes the following statement of the ease • In July, 1868, Alois Casanova brought an action on the case against Peter Kreusch in the municipal court of Wheeling for a certain libel. The declaration…
1Judgment of the CourtGreen, Judge
If a plaintiff brings a suit in a common law court of original jurisdiction and fails to prosecute it, and he is non-suited or his case is dismissed, such a dismissal does not hinder him from again bringing a like suit for the same cause of action. The law gives to every one a remedy when his legal rights have been invaded, and his failure to prosecute his suit to enforce such right as he ought to do, the common law courts hold ought not to deprive him of his rights or debar him of a right to institute another suit, as the merits of his case have never been passed upon by any court. But in…
2Cases cited7 opinions
- Robinson v. Bd. of Supervisors of SacramentoCalifornia Supreme Court · 1860
- Watson v. HussonThe Superior Court of New York City · 1852
- Kelsey v. CampbellNew York Supreme Court · 1862
- Karth v. LightCalifornia Supreme Court · 1860
- Osborn v. HendricksonCalifornia Supreme Court · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In Re Estate of KneereamWest Virginia Supreme Court · 1937
- Miller v. MillerWest Virginia Supreme Court · 1936