Thompson v. Thompson
West Virginia Supreme Court
Action of assumpsit in the circuit court of Kanawha county; declaration filed at May rules, 1869. Judgment for plaintiff at June term, 1870. The only point determined in this court arose on the instructions asked by the defendant, which the court refused to give (except the refusal of the court to grant a new trial because the verdict was contrary to the evidence), and is amply stated in the opinion of Moore, J.
1Opinion of the CourtMoore, J.
This was an action of trespass on the case in assumpsit. The declaration consists of the common counts, and a special count on a lease. The account filed with the declaration states distinctly the several items of the plaintiff’s claim; two of the items are stated as follows, viz:
“ To amount received from January, 1865, to January, 1869, on account of Elizabeth H. Thompson’s proportion of the proceeds of the sale of certain lands, made to Benjamin S. Thompson by George S. Patton, special commissioner, on the 15th of September, 1856, under decrees rendered by the county court of Kanawha…
2Cases cited3 opinions
- Eddy v. SmithNew York Supreme Court · 1835
- Newsum v. NewsumSupreme Court of Virginia · 1829
- Eastwick v. Hugg, Pennsylvania Court of Common Pleas, Philadelphia County1787
3Cited by9 opinions
- State v. ConleyWest Virginia Supreme Court · 1937
- United States v. Union Livestock Sales Company, Inc., a CorporationCourt of Appeals for the Fourth Circuit · 1962
- Jackson v. HoughWest Virginia Supreme Court · 1893
- Van Winkle v. BlackfordWest Virginia Supreme Court · 1886
- Mankin v. JonesWest Virginia Supreme Court · 1910
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