Legal Opinion · Dissent

Fulton v. Ramsey

West Virginia Supreme Court

Decided March 29, 1910Published

Appeal from Circuit Court, Braxton Count}'. Action by Elwood D. Fulton against Joseph Ramsey, Jr., and others. Judgment for defendants, and plaintiff appeals.

1Dissent

'BRANNON, Judgoíi,

(dissenting):

The plain real construction of the record is, that Ramsey, Gould and Guy asked a continuance, and thus appeared; but say that this is going too far. Then, we can say by the very letter of the record that they “appeared and asked the court to permit them to appear specially and ask a continuance of this causa for thirty or sixty days to enable them to prepare their defense, or to determine whether they would desire to appear generally, and stating that they did not desire to appear generally for said parties at this time, but that they desired to move the court…

2Cases cited12 opinions

  1. Rio Grande Irrigation & Colonization Co. v. GildersleeveSupreme Court of the United States · 1899
  2. Burdette v. CorganSupreme Court of Kansas · 1881
  3. Cropsey v. WiggenhornNebraska Supreme Court · 1873
  4. Zobel v. ZobelCalifornia Supreme Court · 1907
  5. Layne v. Ohio River R'dWest Virginia Supreme Court · 1891

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