Palmer v. Magers
West Virginia Supreme Court
Error to Circuit Court, Marshall County. Suit by Linzy Palmer against Everett E. Magers. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
PoEEENBARGEE, JUDGE:
The first complaint on this writ of error to a judgment for the plaintiff, in an action of unlawful detainer, is based on the overruling of a motion for a continuance. The affidavit fails to show requisite diligence. The case was set for trial and tried in Marshall county, October 17, 1918, and the process for the witness was sent to Kanawha county October 11, 1918, and came back with a return of “not found” endorsed thereon. The meagerness oí time allowed may have prevented diligent search for the witness, and the affidavit fails to show that the writ was accompanied by…
2Cases cited10 opinions
- Woodell v. West Virginia Improvement Co.West Virginia Supreme Court · 1893
- Gwynn v. SchwartzWest Virginia Supreme Court · 1889
- Wytheville Ins. & Banking Co. v. TeigerSupreme Court of Virginia · 1893
- Lewis v. YatesWest Virginia Supreme Court · 1907
- Richmond & Mecklenburg R. R. v. HumphreysSupreme Court of Virginia · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Walker v. Monongahela Power CompanyWest Virginia Supreme Court · 1963
- Hartley v. CredeWest Virginia Supreme Court · 1954
- Hartley v. CredeWest Virginia Supreme Court · 1954
- Ritz v. KingdonWest Virginia Supreme Court · 1953
- Ritz v. KingdonWest Virginia Supreme Court · 1953
21 more not listed; retrieve them via the Exa API.