Legal Opinion

Lohr v. Wolfe

West Virginia Supreme Court

Decided January 14, 1913PublishedCited by 4 opinions

Error to Circuit Court, Barbour County. Action by C. E. Lohr and others against S. L. Wolfe. ' Judgment for defendant, and plaintiffs bring error.

1Opinion of the Court

Millbe, Judge1:

In all action for trespass upon land, not involving title, the court below, on motion, struck out plaintiffs’ evidence, directed a verdict lor defendant, and pronounced the judgment of nil capial, to which the present writ of error applies.

The ground of the court’s action, as disclosed by the record, was that, as plaintiffs in their declaration had described the land as a tract in Cove District, Barbour County, containing 16 acres and 60 poles and known as the James Q, Colebank Tract, and also by reference to the deed, as a tract calling for 11 31-160 acres, and also by…

2Cases cited3 opinions

  1. Wilson v. Phoenix Powder Manf'g Co.West Virginia Supreme Court · 1895
  2. Dickinson v. MankinWest Virginia Supreme Court · 1906
  3. Goodwin v. JackSupreme Judicial Court of Maine · 1872

3Cited by4 opinions

  1. St. Paul Fire & Marine Insurance v. BachmannSupreme Court of the United States · 1932
  2. Boxer v. SlackWest Virginia Supreme Court · 1942
  3. Marshall County Bank v. Citizens Mutual Trust Co.West Virginia Supreme Court · 1934
  4. Parsley v. St. Paul Fire & Marine Insurance Co.West Virginia Supreme Court · 1928

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