Harman & Crockett v. Maddy Bros.
West Virginia Supreme Court
Error to Circuit Court, Monroe County. Action by Harman & Crockett against Maddy Brothers. Judgment for plaintiffs, and defendants bring error.
1Opinion of the Court
POFEENBARGEB, JUDGE:
Reversal of a judgment for $463.95, in an action of asswmrp-sit, is sought here, upon the theory that the trial court erred in giving certain instructions, in refusing others and in overruling a motion to set aside the verdict, first, because of the misconduct of a juror, and, second, because it is against the weight and preponderance of the evidence.
The declaration contains onljr the common counts, but the object and purpose of the suit, as shown by the evidence, was to open a settled account and recover said sum, as the amount of an item inadvertently omitted in making…
2Cases cited24 opinions
- State v. CainWest Virginia Supreme Court · 1882
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- State v. SutfinWest Virginia Supreme Court · 1883
- State v. ConkleWest Virginia Supreme Court · 1880
- Ephland v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1894
19 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. CookWest Virginia Supreme Court · 1918
- Janney v. Virginian Railway Co.West Virginia Supreme Court · 1937
- Godbey v. City of BluefieldWest Virginia Supreme Court · 1907
- Johnson v. Gallatin Valley Milling Co.Montana Supreme Court · 1909
- Veneri v. DraperCourt of Appeals for the Fourth Circuit · 1927
11 more not listed; retrieve them via the Exa API.