Harman v. Howe
Supreme Court of Virginia
This was an action of debt in the circuit court of G^les county, brought in March 1872 by William H. Howe against James W. Harman and William N. Harman, but which was abated as to James W. Harman upon the return of the sheriff that he was not an inhabitant of the county. The action was founded upon a bond executed by the defendants, upon James W. Harman’s obtaining an injunction to a judgment which Howe had recovered against him. The declaration contained three counts.
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This was an action of debt in the circuit court of G^les county, brought in March 1872 by William H. Howe against James W. Harman and William N. Harman, but which was abated as to James W. Harman upon the return of the sheriff that he was not an inhabitant of the county. The action was founded upon a bond executed by the defendants, upon James W. Harman’s obtaining an injunction to a judgment which Howe had recovered against him. The declaration contained three counts. At the May term of the court, 1872, the defendant demurred to the whole declaration and to each count thereof, in which the…
1Opinion of the Court
Moncure, P.,
delivered the opinion of the court.
The court is of opinion that the circuit court did not err in overruling the demurrer to the second and third counts of the declaration. The court ought, also, to have overruled the demurrer to the whole declaration and the first count thereof. But the error of the court in that respect is not an error to the prejudice of the plaintiff in error; of which, therefore, he cannot complain. The supposed error in the second and third counts of the declaration consists, in treating the bond therein mentioned, in which no denomination of money is…
2Cases cited73 opinions
- State v. HarrisonWest Virginia Supreme Court · 1892
- Wilson v. City of WheelingWest Virginia Supreme Court · 1882
- Norfolk & Western Railroad v. H. I. ShottSupreme Court of Virginia · 1895
- State v. BetsallWest Virginia Supreme Court · 1877
- Buster v. HollandWest Virginia Supreme Court · 1886
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