Jennings v. Pocahontas Consolidated Collieries Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Tazewell county on a motion by the plaintiff to reinstate a case dismissed at rules for failure to file the declaration within the time prescribed by the statute. Special appearance for the defendant. Judgment for the defendant. Plaintiff assigns error.
1Opinion of the CourtCardwell, J.
On the 23rd day of February, 1911, summons was issued from the clerk’s office of the Circuit Court of Tazewell county to the Pocahontas Collieries Company, Inc., to appear at said office at the rules to be held for said court at the courthouse thereof on the first Monday in March, 1911, to answer in an action to recover of the defendant company damages for a personal injury, instituted by George Jennings, an infant, suing “in forma pauperis” by Robert Jennings, his next friend. Said summons was duly executed on the 28th day of February, 1911, and return thereof made to the clerk’s office at…
2Cases cited3 opinions
- Peck v. Stephenson's LesseeTennessee Supreme Court · 1847
- Swift & Co. v. WoodSupreme Court of Virginia · 1905
- Wickham & Northrop v. GreenSupreme Court of Virginia · 1910
3Cited by4 opinions
- White Sulphur Springs, Inc. v. RipleyWest Virginia Supreme Court · 1942
- Kelly v. TrehySupreme Court of Virginia · 1922
- Whitesell v. HoultonHawaii Intermediate Court of Appeals · 1981
- Trent v. Clinchfield Coal Corp.Supreme Court of Virginia · 1916