Beirne v. Rosser & Turner
Supreme Court of Virginia
This was an action of assumpsit in the Circuit court of Nelson county, brought by Rosser & Turner against Oliver Beirne, to recover a balance of $2,378.39, which they claimed to he due to them for constructing a road leading from the Sweet Springs in Alleghany county,. to the White Sulphur Springs in Greenbrier. There ^as a verdict and judgment for the plaintiffs; and thereupon Beirne applied to this court for a supersedeas; which was awarded.
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This was an action of assumpsit in the Circuit court of Nelson county, brought by Rosser & Turner against Oliver Beirne, to recover a balance of $2,378.39, which they claimed to he due to them for constructing a road leading from the Sweet Springs in Alleghany county,. to the White Sulphur Springs in Greenbrier. There ^as a verdict and judgment for the plaintiffs; and thereupon Beirne applied to this court for a supersedeas; which was awarded. The ease is fully stated by-Judge Moneure.
1Opinion of the Court
Moncure, P.
delivered the opinion of the court.
This is a supersedeas to a judgment of the Circuit, court of Nelson county. Rosser and Turner brought an action of assumpsit in that court against OliverBeirne, a resident of Monroe county, in West Virginia, who happened at the time to be in Nelson county,, and upon whom the summons in the case was executed in that county. The declaration contained the common counts. The bill of particulars filed therewith, shows that the action was brought to recover a balance claimed to be due for the construction of a road, leading from the Sweet to the White…
2Cases cited1 opinion
- Stoneman v. CommonwealthSupreme Court of Virginia · 1874
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- Witten v. St. ClairWest Virginia Supreme Court · 1886
- Carr v. Bates & Rogers Construction Co.Supreme Court of Virginia · 1908
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