Green v. P., W. & Ky. R. R.
West Virginia Supreme Court
/Supersedeas to a judgment of the municipal court of Wheeling, rendered in an action of assumpsit, in which Michael Green & Co. were plaintiffs and the Pittsburgh, Wheeling and Kentucky Railroad Company was defendant, allowed upon the petition of said company.
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/Supersedeas to a judgment of the municipal court of Wheeling, rendered in an action of assumpsit, in which Michael Green & Co. were plaintiffs and the Pittsburgh, Wheeling and Kentucky Railroad Company was defendant, allowed upon the petition of said company. The facts sufficiently appear in the opinion of the Court. 1st. The verdict being absolute in form, not withstanding the demurrer to evidence, ought not to have been received, and judgment ought not to have been entered thereon: Bigger’s adm’r v. Alderson, 1 H. & M. 54. 2d. At common law, after final judgment, the record could not be…
1Opinion of the CourtHaymond, Judge
This is an action of trespass on the case in assumpsit, brought by the plaintiff against the defendant, in the municipal court of "Wheeling, on the 15th day of October 1873. The defendant, by its attorney, appeared in court to the action on the 17th day of December 1873, and pleaded non-assumpsit, on which issue was then joined.
On the 28th day of February 1874 the parties appeared in court, and a jury of eleven men, agreed to by the parties, were duly sworn to well and truly try the issue *688joined; and the cause was continued until Monday, the "2d of March 1874; at which time, it appears by the…
2Cases cited1 opinion
- Muhleman v. National Insurance Co.West Virginia Supreme Court · 1873
3Cited by8 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Clendenning v. ConradSupreme Court of Virginia · 1895
- Cole v. StateWest Virginia Supreme Court · 1913
- National Bank of Kingwood v. JarvisWest Virginia Supreme Court · 1886
- Guinn v. WarbuttonWest Virginia Supreme Court · 1908
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