Davis v. Walker
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of tlie circuit court ef Kanawha county, rendered on the 26th day of May, 1873, in a suit therein pending, wherein Davis & Moore were plaintiffs, and Henry S. Walker, was defendant. The case was brought here by the defendant Walker. The only question involved in the case was as to the correctness of the decision of the court below, overruling the motion of the defendant for a continuance.
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Writ of error and supersedeas to a judgment of tlie circuit court ef Kanawha county, rendered on the 26th day of May, 1873, in a suit therein pending, wherein Davis & Moore were plaintiffs, and Henry S. Walker, was defendant. The case was brought here by the defendant Walker. The only question involved in the case was as to the correctness of the decision of the court below, overruling the motion of the defendant for a continuance. The facts upon which the motion was based, were set out in two several bills of exception taken to the ruling of the court and sufficiently appear in the opinion…
1Opinion of the Court
Haymokd, President:
This is an action of trespass on the case in assumpsit, Brought by the plaintiffs against the defendant, in the circuit court of the county-of Kanawha. The declaration *448^10 cause was filed on the-day of-, 1872. 29th day of March, 1872, the defendant‘appeared court, to the action, and filed a general demurrer to the declaration, in which the plaintiff joined and the defendant pleaded non assumpsit and payment and set off on, each of which pleas issue was regularly joined. The defendant also filed an account with his pleas of payment and set offj but the account does not…
2Cases cited2 opinions
- Hewitt v. CommonwealthSupreme Court of Virginia · 1867
- Fiott v. CommonwealthSupreme Court of Virginia · 1855
3Cited by13 opinions
- State v. HarrisonWest Virginia Supreme Court · 1892
- Wilson v. City of WheelingWest Virginia Supreme Court · 1882
- State v. BetsallWest Virginia Supreme Court · 1877
- Welch v. County Court of Wetzel CountyWest Virginia Supreme Court · 1886
- State v. VanceWest Virginia Supreme Court · 1981
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