Poole v. Dilworth
West Virginia Supreme Court
• GkHEN, Judge, furnishes the following statement of the case : In April, 1882, Patrick E. Poole warranted John Dilworth and John J. Dilworth before a justice of Taylor county on a bond for $250.00, dated May 14, 1873, payable to Eliza A. M. Litzinger and James Rogers on October 1, 1874, with interest from its date, which bond to the extent of the Interest of Mrs. Eliza A. M. Litzinger in it was assigned to James Rogers for a valuable consideration on May 26,1873, and on…
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• GkHEN, Judge, furnishes the following statement of the case : In April, 1882, Patrick E. Poole warranted John Dilworth and John J. Dilworth before a justice of Taylor county on a bond for $250.00, dated May 14, 1873, payable to Eliza A. M. Litzinger and James Rogers on October 1, 1874, with interest from its date, which bond to the extent of the Interest of Mrs. Eliza A. M. Litzinger in it was assigned to James Rogers for a valuable consideration on May 26,1873, and on June 3, 1873, was assigned for a valuable consideration to the plaintiff, Patrick E. Poole. These assignments were made by…
1Opinion of the Court
Green, Judge:
The first error assigned by the plaintiffs in error is, that the case was in no condition for trial, when it was tried by the circuit court, as no issue had been properly made up. Sec. 50, ch. 8 of the Acts of 1881 provides, that in justices’ *586courts the pleadings may be oral or in writing; if oral, the substance of them shall he entered by the justice in the docket; and it further pro.vides, that “such pleadings are not required to be in any particular iorm, but must be such as to enable a person of common understanding to know what was intended.” Section 169 of the same chapter…
2Cases cited6 opinions
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- Western M. & M. Co. v. Virginia Cannel Coal Co.West Virginia Supreme Court · 1877
- Corrothers v. SargentWest Virginia Supreme Court · 1882
- Griffin v. SeymourSupreme Court of Iowa · 1863
- Beckwith v. ThompsonWest Virginia Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Clarke v. Ohio River R.West Virginia Supreme Court · 1894
- Davis v. SettleWest Virginia Supreme Court · 1896
- McCoy v. McCoyWest Virginia Supreme Court · 1887
- Cannady v. ChestoniaWest Virginia Supreme Court · 1928
- Biern v. RayWest Virginia Supreme Court · 1901
24 more not listed; retrieve them via the Exa API.