Legal Opinion

Union Stopper Co. v. McGara

West Virginia Supreme Court

Decided December 7, 1909PublishedCited by 8 opinions

Error to Circuit Court, Monongalia County. Action by the Union Stopper Company against Samuel Mc-Gara. From a judgment for defendant on sustaining demurrer to declaration, plaintiff brings-error.

1Opinion of the Court

Robinson, Judge:

In this action in assumpsit, a demurrer to the original declaration, as to each of the three special counts thereof, was sustained, Two amended special counts were filed, and a demurrer as to each of them was sustained. The plaintiff dismissed its case as to the common counts, and declined to amend as to the special counts held bad on demurrer. Thereupon the action was dismissed. Plaintiff comes.here, assigning that it was error to sustain the demurrers.

The action is founded upon the following writing, which was signed by the defendant and a number of other- persons:

“'The…

2Cases cited3 opinions

  1. Robrecht v. Marling's Adm'rWest Virginia Supreme Court · 1887
  2. Kern v. ZeiglerWest Virginia Supreme Court · 1878
  3. Pennington v. GillaspieWest Virginia Supreme Court · 1908

3Cited by8 opinions

  1. Wright v. Standard Ultramarine and Color Co.West Virginia Supreme Court · 1955
  2. Hall v. Philadelphia Co.West Virginia Supreme Court · 1914
  3. Butts v. ButtsWest Virginia Supreme Court · 1917
  4. Pancake v. HiteWest Virginia Supreme Court · 1928
  5. Hoge v. WardWest Virginia Supreme Court · 1927

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