Legal Opinion

Shore v. Powell

West Virginia Supreme Court

Decided October 8, 1912PublishedCited by 5 opinions

Error to Circuit Court, McDowell County. Action by Jacob Shore against B. PL Powell. Judgment for plaintiff by a justice. Prom a judgment for defendant on appeal, plaintiff brings error.

1Opinion of the Court

Robinson, Judge:

Shore sued Powell before a justice of the peace for the recovery of an amount claimed to be due on a store account Defendant did not appear to the action before the justice; and judgment was there rendered against him. He appealed the case to the circuit .court. When it was called in that forum defendant simply pleaded that he did not owe the claim, and both parties announced themselves ready for trial. During the trial before a jury, plaintiff excepted to the admission of testimony to the fact that defendant had paid plaintiff before the suit was brought one hundred dollars…

2Cases cited4 opinions

  1. First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
  2. Simmons v. TrumboWest Virginia Supreme Court · 1876
  3. Shanklin's Adm'r v. CrisamoreWest Virginia Supreme Court · 1870
  4. Lawson v. ZinnWest Virginia Supreme Court · 1900

3Cited by5 opinions

  1. Zogg v. Kern Oil & Gas Co.West Virginia Supreme Court · 1923
  2. Schmulbach v. WilliamsWest Virginia Supreme Court · 1923
  3. Shuman v. ShumanWest Virginia Supreme Court · 1917
  4. MacDonald v. WilliamsWest Virginia Supreme Court · 1939
  5. Bielec v. RomanekWest Virginia Supreme Court · 1933

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