Abrahams v. Swann
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 22d day of December, 1877, in an action of assumpsit in said court then pending, wherein Jesse A. Abrahams was plaintiff and John S. Swann was defendant, allowed upon the petition of said Swann. Hon. Joseph Smith, judge of the seventh judicial circuit rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 22d day of December, 1877, in an action of assumpsit in said court then pending, wherein Jesse A. Abrahams was plaintiff and John S. Swann was defendant, allowed upon the petition of said Swann. Hon. Joseph Smith, judge of the seventh judicial circuit rendered the judgment complained of. Green, Judge, furnishes the following statement of the case; On June 2, 1852, the plaintiff, Jesse Abrahams, became the surety with Thomas L. Hobson of the defendant, John S. Swann, as curator of Meliora…
1Judgment of the CourtGreeN, Judge
The first error assigned by the plaintiff in error is, that the circuit court would not compel the production by the plaintiff of two letters written by the defendant and relied on by the plaintiff as acknowledgements in writing sufficient to take his case out of the statute of limitations. The motion of the defendant to require the production by the plaintiff of these letters was made before the defendant had put in the plea of the statute of limitations, and was obviously made to obtain a view of these letters, that he might determine, whether he would plead the statute of limitations.…
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