Hood v. Maxwell
West Virginia Supreme Court
John Maxioell sued out of tbe clerk’s office of Marion county, a writ of trespass on the ease in trover and conversion, on the 19th day of November, 1861, against Mortimer H. Johnson, William Hood, John N. Burns and Henry Mahoney. The plaintiff filed his declaration at the December rules-following.
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John Maxioell sued out of tbe clerk’s office of Marion county, a writ of trespass on the ease in trover and conversion, on the 19th day of November, 1861, against Mortimer H. Johnson, William Hood, John N. Burns and Henry Mahoney. The plaintiff filed his declaration at the December rules-following. It contained three counts; the first of which was a count in trover specifically mentioning the articles taken and converted to the use of the defendants, as follows: 1041J bushels of wheat, 30 bushels of corn, 15 barrels of flour, 75 empty flour barrels, 1 hrown horse, 1 wagon,, harness, bridles,…
1Opinion of the CourtBrown, J.
There is nothing in the 1st objection taken by the plaintiff in error, that the court erred in not disposing of the separate demurrers to the several counts of the declaration ; because the judgment on the.verdict was a virtual overruling of all the demurrers, if it had not before been done: but I think the order of the court, though loosely drawn, and yet, when considered altogether, sufficiently shows that the court, in fact, overruled the whole demurrer, as well to each count as to the whole 'declaration.
The 2nd objection taken by the plaintiff in error in his petition, is to the 3rd count…
2Cited by7 opinions
- Fleming Oil & Gas Co. v. So. Penn Oil Co.West Virginia Supreme Court · 1893
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Kilgore's Adm'r v. HanleyWest Virginia Supreme Court · 1886
- Bank v. RalphsnyderWest Virginia Supreme Court · 1903
- Burkhartv. JenningsWest Virginia Supreme Court · 1867
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