Mitch v. United Mine Workers
West Virginia Supreme Court
Error to Circuit Court, Taylor County. Action in justice court by AVilliam Mitch against the United Mine Workers of America. Judgment for plaintiff in the justice court, and defendant was allowed an appeal to the circuit court, and from its judgment, after a trial de novo, dismissing the action and awarding defendant a judgment for costs, plaintiff brings error.
1Opinion of the Court
Mxllee, Judge:
In an action begun by plaintiff against- defendant as a corporation, the summons, according to the return of the officer, *121was attempted to be executed by delivery of a copy thereof to Dewey Kelley, president of the local union at Rosemont in Taylor County, ~W. Va., February 27, 1919.
On the return day, March 4, 1919, the justice’s docket shows that plaintiff appeared in person and by attorney, and also appearance by defendant in person and by J. Gran St. Clair, their attorney, and that a continuance was had on affidavit of defendant and agreement of the parties, to March 12,…
2Cases cited5 opinions
- Simpson v. Grand International Brotherhood of Locomotive EngineersWest Virginia Supreme Court · 1919
- Hart v. Baltimore & O. R. R.West Virginia Supreme Court · 1873
- Anderson v. Kanawha Coal Co.West Virginia Supreme Court · 1878
- Central Land Co. of West Virginia v. CalhounWest Virginia Supreme Court · 1880
- Cook v. Continental Casualty Co.West Virginia Supreme Court · 1918
3Cited by4 opinions
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- West v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1927
- Johnson v. Huntington Moving & Storage, Inc.West Virginia Supreme Court · 1977
- WEST VIRGINIA SECONDARY SCHOOL ACT. COM'N v. WagnerWest Virginia Supreme Court · 1958