Dickey v. Smith
West Virginia Supreme Court
cited Code, c. 50, ss. 91, 115; 30 W. Ya. 532; Const. Art. Ill, s. 13; 23 W. Ya. 404; Code, c. 131, s. 15. cited Code, c. 50, s. 91; 8 W. Ya. 201; 4 W. Ya. 180; 13 Gratt. 427; 12 G-ratt. 615; Const. Art. YIII, s. 3; 24 W. Ya. 622; 33 W. Ya. 60; 18 W. Ya. 309; 29 W. Ya. 508.
1Opinion of the Court
Dent, Judge :
Hamilton Dickey sued E. Howard Smith before a justice of Cabell county for the sum of ninety nine dollars and twenty five cents. On the day of trial, Smith appeared, *806and filed a set-off assigned to him by John Rau, agent, amounting to one hundred and twenty four dollars. There was no dispute as to the validity of either claim, as appears from the evidence; but the sole question involved was whether the assignment was made before or after the suit was begun. The justice decided in favor of the defendant, and gave him judgment for eleven dollars and seventy five cents, the balance…
2Cases cited5 opinions
- Railroad Co. v. ForemanWest Virginia Supreme Court · 1884
- Rymer v. HawkinsWest Virginia Supreme Court · 1881
- Ensign Co. v. CarrollWest Virginia Supreme Court · 1887
- Aspinall v. BarrickmanWest Virginia Supreme Court · 1887
- McCoy v. McCoyWest Virginia Supreme Court · 1889
3Cited by16 opinions
- State Ex Rel. Simpkins v. HarveyWest Virginia Supreme Court · 1983
- Hasson v. City of ChesterWest Virginia Supreme Court · 1910
- Harrison v. HarmanWest Virginia Supreme Court · 1915
- Faulconer v. StinsonWest Virginia Supreme Court · 1898
- State v. ReedNew Mexico Supreme Court · 1957
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