Brown v. Arams Express Co.
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the municipal court of Wheeling, rendered on the 17th day of June, 1878, in an action of assumpsit in said court then pending, in which C. P. Brown was plaintiff and The Adams Express Company was defendant, allowed upon the petition, of said defendant. Hon. G. L. Cranmer, judge of the municipal court of Wheeling,rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the municipal court of Wheeling, rendered on the 17th day of June, 1878, in an action of assumpsit in said court then pending, in which C. P. Brown was plaintiff and The Adams Express Company was defendant, allowed upon the petition, of said defendant. Hon. G. L. Cranmer, judge of the municipal court of Wheeling,rendered the judgment complained of. GREEN, President, furnishes the following statement of the Case : This was an action of assumpsit brought in the municipal court of Wheeling by C. P. Brown against The Adams Express . Company, as…
1Opinion of the Court
Greek, President,
delivered the opinion of the Court:
This case presents no difficulty. If we were to exclude from consideration the plaintiff’s evidence, which was objected to by the defendant’s counsel on the trial, and all of the plaintiff’s evidence which was in conflict with the defendant’s evidence, the judgment of the municipal court would still be clearly right. Such a mode of considering the evidence by this Court would of course as a general rule be unjust to the plaintiff; but in this case it would make no difference, for on the admitted facts in this case the defendant was…
2Cases cited21 opinions
- Westcott v. . FargoNew York Court of Appeals · 1875
- Belger v. . DinsmoreNew York Court of Appeals · 1872
- Blossom v. . DoddNew York Court of Appeals · 1870
- Tyler v. MagwireSupreme Court of the United States · 1873
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
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3Cited by19 opinions
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- McIntyre v. HarrisonSupreme Court of Georgia · 1931
- Farish & Co. v. ReigleSupreme Court of Virginia · 1854
- Beatty Lumber Co. v. Western Union Telegraph Co.West Virginia Supreme Court · 1903
- Moore v. Hope Natural Gas Co.West Virginia Supreme Court · 1915
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