Legal Opinion

Shires v. Boggess

West Virginia Supreme Court

Decided November 1, 1910PublishedCited by 9 opinions

Error to Circuit Court, Monroe County. Action by Minerva Shires against W. E. Boggess. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

LOBINSON, PRESIDENT :

In this action for damages from an assault and battery, the plaintiff, upon the verdict of a ¿1117, has judgment against the defendant for two hundred dollars. We are asked to review the case and to reverse the judgment upon the ground that the case was tried without issue, and for other alleged errors.

The defendant pleaded the general issue and two special pleas of justification — son assault demesne. The two special pleas were not replied to or traversed by the plaintiff in any particular. No issue was joined on either of them. The special pleas admitted he assault and…

2Cases cited5 opinions

  1. Curry v. Town of ManningtonWest Virginia Supreme Court · 1883
  2. Ruffner v. HillWest Virginia Supreme Court · 1882
  3. Findley v. CunninghamWest Virginia Supreme Court · 1903
  4. Bennett v. JacksonWest Virginia Supreme Court · 1890
  5. Good v. Town of ChesterWest Virginia Supreme Court · 1909

3Cited by9 opinions

  1. Pendleton v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1918
  2. Jenkins v. SpitlerWest Virginia Supreme Court · 1938
  3. Shires v. BoggessWest Virginia Supreme Court · 1913
  4. Hunt v. DiBaccoWest Virginia Supreme Court · 1910
  5. Hurley v. HurleyWest Virginia Supreme Court · 1912

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