Simmons v. Simmons
West Virginia Supreme Court
Error to Circuit Court, Roane County. Action by T. R. Simmons against Z. T. Simmons. Judgment' for defendant, and plaintiff brings error.
1Opinion of the Court
POEEENBARGER, PRESIDENT:
The principal questions arising upon the record in this case-are as follows: First. Is there a variance, fatal to an attachment, when the declaration is founded upon a written contract, binding the defendant conditionally to the payment of money, and the affidavit for the attachment describes the contract as one* for unconditional payment of money? Second. Should advantage of such variance be taken by motion to quash or plea in-abatement? Third. Can a plea in abatement, setting up the objection, be treated as a motion to quash.? Fourth. Does the over*66:ruling of a motion…
2Cases cited17 opinions
- Stevens v. BrownWest Virginia Supreme Court · 1882
- Dulin v. McCawWest Virginia Supreme Court · 1894
- Sommers v. AllenWest Virginia Supreme Court · 1897
- Parsons v. SniderWest Virginia Supreme Court · 1896
- Evans v. Lawson, Smith & Co.Texas Supreme Court · 1885
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- M. W. Kellogg Co. v. Concrete Accessories Corp.West Virginia Supreme Court · 1974
- Duty v. SprinkleWest Virginia Supreme Court · 1908
- Oil & Gas Well Supply Co. v. GartlanWest Virginia Supreme Court · 1905
- Delardas v. Morgantown Water CommissionWest Virginia Supreme Court · 1964
- Elkins National Bank v. SimmonsWest Virginia Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.