Legal Opinion

Stephens v. Bartlett

West Virginia Supreme Court

Decided March 23, 1937No. 8467PublishedCited by 62 opinions

1Opinion of the Court

Maxwell, Judge:

This is a proceeding on motion for judgment by W. L. Stephens against Howard Bartlett and Sarah Mace, administratrix of the personal estate of Van Mace, deceased. On writ of error there is presented for review a judgment for $783.88, on verdict, in favor of the plaintiff and .against the defendants. A new provision of statute, Code 55-8-8, makes it possible, in an action on contract, to join as defendant with a living obligor the personal representative of a deceased obligor. Prior to the enactment of said statute this could not be done. I Barton’s Law Practice (2d Ed.), p.…

2Cases cited2 opinions

  1. Sisler v. ShafferWest Virginia Supreme Court · 1897
  2. Franklin v. T. H. Lilly Lumber Co.West Virginia Supreme Court · 1909

3Cited by62 opinions

  1. Walker v. Monongahela Power CompanyWest Virginia Supreme Court · 1963
  2. Kessel v. LeavittWest Virginia Supreme Court · 1998
  3. Estate of Tawney Ex Rel. Goff v. Columbia Natural Resources, L.L.C.West Virginia Supreme Court · 2006
  4. Orteza v. Monongalia County General HospitalWest Virginia Supreme Court · 1984
  5. Franklin v. PenceWest Virginia Supreme Court · 1945

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