Wiggin v. Marsh Lumber Co.
West Virginia Supreme Court
Error to Circuit Court, Raleigh County. Action by H. D. Wiggin against the Marsh Lumber Company and others. Judgment for defendants, and plaintiff brings error.
1Opinion of the Court
POEEENBARGER, JUDGE:
The elaborate recital of facts of this case found in the opinion setting forth the grounds of the disposition of a for*652mer writ of error in it, 77 W. Va. 7, renders a restatement thereof unnecessary. The evidence adduced on the new trial awarded may differ in some respects, from that upon which the former verdict rested, but the matter in controversy is the same. Some grounds of recoupment previously relied upon were not asserted in the second trial, but some additional items of set-off, wrongful deductions of freight, were claimed. As on the former trial, full defense was…
2Cases cited13 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Dingley v. OlerSupreme Court of the United States · 1886
- Hunter v. . WetsellNew York Court of Appeals · 1881
- Pennington v. GillaspieWest Virginia Supreme Court · 1910
- Bomar v. ParkerTexas Supreme Court · 1887
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3Cited by5 opinions
- State v. HaleMontana Supreme Court · 1955
- State v. VineyardWest Virginia Supreme Court · 1919
- Highland v. DavisWest Virginia Supreme Court · 1939
- Hendricks v. Monongahela West Penn Public Service Co.West Virginia Supreme Court · 1934
- State v. HaleMontana Supreme Court · 1955