Vinal v. Core
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Wood, rendered on the 19th day of April, 1879, in an action in said court then pending, wherein John F. Yinal was plaintiff and Andrew S. Core and Benjamin S. Compton were defendants, allowed upon tbe petition of said defendants. Hon. J. M. Jackson, judge of tbe fifth judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Wood, rendered on the 19th day of April, 1879, in an action in said court then pending, wherein John F. Yinal was plaintiff and Andrew S. Core and Benjamin S. Compton were defendants, allowed upon tbe petition of said defendants. Hon. J. M. Jackson, judge of tbe fifth judicial circuit, rendered the judgment complained of. GleeN, Judge, furnishes the following statement of the case : In August, 1876, JohnF. Yinal filed his declaration in the circuit court of Wood county against A. S. Core and B. S. Compton for a…
1Opinion of the Court
Green, President,
announced the opinion of the Court:
Before considering this case on its merits we must dispose of the preliminary question, whether the circuit court erred in overruling the demurrer to the pleas in abatement. The question presented by these pleas is : Did the circuit court of Wood county have jurisdiction to try this cause? The facts were as follows: The process in the case was issued by the clerk of the circuit court of Wood county and was served on both of the defendants in that county. One of these defendants resided in the county of Ritchie, and the other in the State of…
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