Kern v. Zeigler
West Virginia Supreme Court
Supersedeas to a judgment oí the municipal court of 'Wheeling, rendered on the 21st day of March, 1877, in an action in assumpsit, in said court then pending, in which George ICern was plaintiff and F. E. Zeigler was defendant, allowed on the petition of said Zeigler. Hon. G. L. Cranmer, Judge of the municipal court of Wheeling, rendered the judgment complained of.
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Supersedeas to a judgment oí the municipal court of 'Wheeling, rendered on the 21st day of March, 1877, in an action in assumpsit, in said court then pending, in which George ICern was plaintiff and F. E. Zeigler was defendant, allowed on the petition of said Zeigler. Hon. G. L. Cranmer, Judge of the municipal court of Wheeling, rendered the judgment complained of. JOHNSON, Judge, furnishes the following statement : At September rules of the municipal court of Wheeling in 1876, the plaintiff Kern filed his declaration in assumpsit against the defendant. The declaration contained five counts.…
1Opinion of the CourtJohnson, Judge
The only questions, presented in this case, arise on the demurrer to the declaration, and to each count thereof.
Syllabus 1. Syllabus 2. The action is brought in assumpsit, under section 10 of chapter 99 of the Code of 1868, which provides, that “ any action of debt or assumpsit may be maintained on any note or writing, whether sealed or not, by which there is a promise, undertaking- or obligation to pay money, if the. same be^signed by the party, who is to be charged thereby, or his agent. Butin such a case, where there is a count on the sealed instrument, which contains dependent covenants,…
2Cases cited9 opinions
- Gas Co. v. WheelingWest Virginia Supreme Court · 1875
- Smith v. LewisSupreme Court of Connecticut · 1856
- Coyle v. B. & O. R. R.West Virginia Supreme Court · 1877
- Roach v. DickinsonsSupreme Court of Virginia · 1852
- Pugh v. Cameron's Adm'rWest Virginia Supreme Court · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
- Delmar Oil Co. v. BartlettWest Virginia Supreme Court · 1907
- Chapman v. J. W. Beltz & Sons Co.West Virginia Supreme Court · 1900
- Jones v. Singer Manufacturing Co.West Virginia Supreme Court · 1893
- Slaughter v. Thacker Coal & Coke Co.West Virginia Supreme Court · 1904
6 more not listed; retrieve them via the Exa API.