Buena Vista Freestone Co. v. Parrish
West Virginia Supreme Court
cited Code, c. 50, ss. 66, 68, 72’, 91; Const. Art. HI, s. 13; 30 IV. Va. 304; Const. Art; VR s. 13.. cited Code, c. 50, ss. 66-68; 59 Am. Dec. 527 and note; 3 Atk. CIPy 66; 30 W. Va. 301; 3 Bing. 200 ; 2 Carr. & P. 358; 1 Wilson 300; 21 W. Va. 161.
1Opinion of the Court
Brannon, Judqe:
In 1889 the Buena Vista Freestone Company instituted an action, before a justice in Cabell county against M. F. Parrish and II. M. Maloney to recover a debt due on anote for one hundred and twenty dollars. On the return-day of the summons the defendants appeared, and obtained a continuance. On the day to which the case had been continued the defendants appeared, and filed a plea that the note sued on, which had been filed with the justice, had been obtained *653by fraud, and -one of failure of consideration ; but tbe plaintiff did not appear, and the defendants demanded and…
2Cases cited3 opinions
- Baltimore & Ohio Railroad v. FaulknerWest Virginia Supreme Court · 1870
- Ruffner v. HillWest Virginia Supreme Court · 1882
- Morgan v. KingWest Virginia Supreme Court · 1886
3Cited by8 opinions
- Farris v. United States Fidelity and Guaranty Co.Oregon Supreme Court · 1975
- Hunt v. DiBaccoWest Virginia Supreme Court · 1910
- Mulkey v. DayOregon Supreme Court · 1907
- Acheson v. Inglis Bros.Supreme Court of Iowa · 1912
- Efthemes v. CrouchWest Virginia Supreme Court · 1953
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