Britton v. South Penn Oil Co.
West Virginia Supreme Court
Error to Circuit Court, Wetzel County. Action by Clyde W. Britton, an infant, etc., against the South Penn Oil Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
POFFENBAEGER, JUDGE:
Here for the first time, an exception is taken to the neglect of the clerk of the trial court to dismiss the action for failure to file the declaration within three months after the return of the process executed agreeably to the requirement of see. 7 of chap. 125 of the Code. No motion to dismiss for that reason was made in the court below, and the issue was made up, after an unsuccessful demurrer, before the right of action would have been barred. As the court could have set aside the dismissal for good cause and re-instated the case, or a new action could have been…
2Cases cited14 opinions
- Walker v. StrosniderWest Virginia Supreme Court · 1910
- Parker v. National Mutual Building & Loan Ass'nWest Virginia Supreme Court · 1904
- Snyder v. P., C. & St. L. Railway Co.West Virginia Supreme Court · 1877
- Kuykendall v. FisherWest Virginia Supreme Court · 1906
- Jackson v. Norfolk & W. R.West Virginia Supreme Court · 1897
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3Cited by14 opinions
- State v. HudsonWest Virginia Supreme Court · 1946
- Brown v. Crozer Coal & Land CompanyWest Virginia Supreme Court · 1959
- Nelson v. BrowningSupreme Court of Missouri · 1965
- Frank v. Monongahela Valley Traction Co.West Virginia Supreme Court · 1914
- Shaffer v. Calvert Fire InsuranceWest Virginia Supreme Court · 1950
9 more not listed; retrieve them via the Exa API.