Gray v. Mankin
West Virginia Supreme Court
Error to Circuit Court, Randolph County. Action by W. R. Gray and others against Crockett Mankin. Judgment for plaintiff and defendant brings error.
1Opinion of the Court
Robinson, Judge :
By this writ of error Mankin seeks to reverse a judgment against him, in favor of W. R. and J. E. .Gray, as partners. The action is one in debt. With the declaration plaintiffs filed an affidavit of the amount claimed, pursuant to Code 1906, ch. 125, see. 46. The trial court, evidently considering that there was a final office judgment by reason of the filing of this affidavit, refused to receive a demurrer to the declaration, which defendant tendered at a term subsequent to that at which an office judgment in the case would become final, if a final one were proper. The court…
2Cases cited1 opinion
- Philip Carey Manufacturing Co. v. WatsonWest Virginia Supreme Court · 1905
3Cited by4 opinions
- Peters v. HajacosWest Virginia Supreme Court · 1922
- Rosencrance v. KelleyWest Virginia Supreme Court · 1914
- Rosenthal v. FoxWest Virginia Supreme Court · 1912
- State v. PicklesimerWest Virginia Supreme Court · 1927