Davis v. Johnson
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the District of West Virginia. This is a writ of error to the judgment of the circuit court of the United States for the district of West Virginia, at Charleston.
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In Error to the Circuit Court of the United States for the District of West Virginia. This is a writ of error to the judgment of the circuit court of the United States for the district of West Virginia, at Charleston. The action, is trespass on the case by the plaintiff in error to recover of the defendants in error damages growing out of the following occurrences; The plaintiff in error hired a horse from the defendant in error Ellis, a liveryman, at Ft Spring, W. Va., to ride horseback to Lewisburg, and in that vicinity, at an agreed price of S>1 per day, with an understanding that Davis…
1Opinion of the CourtWaddill, District Judge
The assignments of error present for the consideration of the court quite a number of questions, but those specially relied upon involve the correctness of the court’s ruling on the demurrer to the declaration, and in instructing a verdict for the defendants as aforesaid. The difficulty in argument between counsel as to the 'propriety of the court’s ruling on the demurrer arises from their inability to agree as to whether the first two counts in the declaration are for false imprisonment or malicious prosecution. If the two counts are for malicious prosecution, the court’s ruling is…
2Cases cited9 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Wheeler v. NesbittSupreme Court of the United States · 1861
- Rich v. McInernySupreme Court of Alabama · 1893
- Van Horn v. Van HornSupreme Court of New Jersey · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Collins v. County of Los AngelesCalifornia Court of Appeal · 1966
- Bingham v. LipmanOregon Supreme Court · 1901
- Belflower v. BlackshereSupreme Court of Oklahoma · 1955
- McGuirk v. O'HalloranU.S. Circuit Court for the District of Massachusetts · 1907