Bennett v. Farmers' Mutual Fire Ass'n
West Virginia Supreme Court
Error to Circuit Court, Tyler County. Action by K. G. Bennett against the Farmers’ Mutual Fire Association of West Virginia. There was an order setting aside the default judgment, and plaintiff brings error:
1Opinion of the Court
POFEENBARGER, JUDGE:
This writ of error challenges the correctness of an order setting aside a judgment by default, in an action of as-*655sumpsit, for alleged prematureness in the rendition thereof. The question arises from the anomalous condition attendant upon the taking of the rules and the mailing up of the docket, and the solution thereof involves consideration of certain statutes.
The process was issued Jaunary 28, 1915, and made returnable to February rules. At those rules, a declaration was filed and the clerk entered in the rule docket and endorsed on the declaration, the return of the…
2Cases cited8 opinions
- Slack v. JacobWest Virginia Supreme Court · 1875
- State v. MinesWest Virginia Supreme Court · 1893
- Shields v. BennettWest Virginia Supreme Court · 1874
- Horn v. PerryWest Virginia Supreme Court · 1877
- Logan v. BallardWest Virginia Supreme Court · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Perkins v. Southern Coal Corp.District Court, S.D. West Virginia · 1951
- Perkins v. Southern Coal Corp.Court of Appeals for the Fourth Circuit · 1951
- Baggs v. FreibergerWest Virginia Supreme Court · 1955