Legal Opinion

Newlin v. Beard

West Virginia Supreme Court

Decided February 21, 1873PublishedCited by 44 opinions

This is an action of debt from the Circuit Court of Greenbrier county. The defendant, Beard, retained the Plaintiff as his attorney to defend an action against him and others, of whom the defendant, Brown, was one, his sureties on a bond executed to James Jarrett.

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This is an action of debt from the Circuit Court of Greenbrier county. The defendant, Beard, retained the Plaintiff as his attorney to defend an action against him and others, of whom the defendant, Brown, was one, his sureties on a bond executed to James Jarrett. The contract upon which this action was brought is as follows: Andrew Beard having retained Cyrus Nowlin as counsel to defend him in an action of debt, instituted against him and others in the Circuit Court of Greenbrier county, in which James Jarrett, Jr., suing for the benefit of James Jarrett, Sr., claimed $6,000 to be due by…

1Opinion of the Court

Moore, Judge :

The points assigned as error in this case arose in the trial of the issue upon the defendant Brown’s plea of non estfactvm. The Appellant, insisted that the Court erred.

“ 1st. In permitting the witness Beard to testify as stated in Plaintiff’s first bill of exceptions, and in permitting the witness Brown to testify under the same circumstances, as stated in Plaintiff’s second bill of exceptions.
*119“ 2d. In refusing tbe Plaintiff’s motion to exclude tbe evidence referred to in Plaintiffs second bill of exceptions, and in making, upon tbe decision of tbat motion, tbe statement to tbe…

2Cases cited3 opinions

  1. Deardorff v. ForesmanIndiana Supreme Court · 1865
  2. Ward v. ChurnSupreme Court of Virginia · 1868
  3. State v. PeckSupreme Judicial Court of Maine · 1865

3Cited by44 opinions

  1. Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
  2. Miller v. Insurance Co.West Virginia Supreme Court · 1877
  3. Bennett v. NeffWest Virginia Supreme Court · 1947
  4. Dower v. ChurchWest Virginia Supreme Court · 1882
  5. Martin v. ThayerWest Virginia Supreme Court · 1892

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