Capehart v. Rankin
West Virginia Supreme Court
This case came from Ohio county. The action was as-sumpsit. The summons was brought to March rules, 1866. A trial was had at the May term, 1868, and a verdict rendered for the plaintiff for 625 dollars, and the court refusing to set aside the verdict and grant a new trial, gave judgment on the verdict. The court certified the facts proven. The opinion of the judge contains all that are necessary to a proper understanding of the case.
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This case came from Ohio county. The action was as-sumpsit. The summons was brought to March rules, 1866. A trial was had at the May term, 1868, and a verdict rendered for the plaintiff for 625 dollars, and the court refusing to set aside the verdict and grant a new trial, gave judgment on the verdict. The court certified the facts proven. The opinion of the judge contains all that are necessary to a proper understanding of the case. The defendant brought the case here on a supersedeas.-
1Opinion of the CourtMaxwell, J.
The bill of exceptions shows that Cape-hart, who was at that time colonel commanding a regiment of West Virginia cavalry in the service of the United States, made a contract with Rankin, by which Rankin was to organize a band for the said regiment, of which he was to be the leader, and for which he was to be paid by Cape-hart 100 dollars over and above any pay, emoluments and bounties to which he might become entitled from the government. Rankin and eleven or twelve other men were accordingly enlisted into the service of the United States, as volunteers, credited to the borough of Washington,…
2Cases cited1 opinion
- Brown v. WylieWest Virginia Supreme Court · 1868
3Cited by5 opinions
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- Rock v. MathewsWest Virginia Supreme Court · 1891
- Raleigh County Bank v. Bank of WyomingWest Virginia Supreme Court · 1925
- Poling v. BoardWest Virginia Supreme Court · 1904
- State Ex Rel. Town of South Charleston v. PartlowWest Virginia Supreme Court · 1949