Collins v. White Oak Fuel Co.
West Virginia Supreme Court
Error to Circuit Court, Fayette County. Action by Justus Collins against tlie White Oak Fuel Company and another. A verdict for plaintiff was set aside, and he brings error.
1Opinion of the Court
POEEENBARGER, JüDGE:
In a proceeding by motion on a forthcoming bond, by the White Oak Fuel Company, as principal, and S. Dixon, as surety, to release property from distraint under a distress warrant for rent, claimed under a coal lease and amounting to something over $6,000.00, Justus Collins obtained a verdict *294fox the amount so claimed, which the court set aside. To sustain this denial of the benefit of the verdict, the defendants in error rely upon a number of alleged errors and insufficiency of the evidence.
The first assignment of' error charges nonjoinder or mis-joinder of issue. The…
2Cases cited16 opinions
- Uhl v. Ohio River RailroadWest Virginia Supreme Court · 1902
- McKelvey v. Ches. & Ohio R'y Co.West Virginia Supreme Court · 1891
- Simpkins v. WhiteWest Virginia Supreme Court · 1897
- Barbour v. TompkinsWest Virginia Supreme Court · 1906
- Delmar Oil Co. v. BartlettWest Virginia Supreme Court · 1907
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3Cited by2 opinions
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