Legal Opinion

McGlamery v. Jackson

West Virginia Supreme Court

Decided May 3, 1910PublishedCited by 3 opinions

Error to Circuit' Court, Greenbrier County. Action by Cora McGlamery and others against James W. .Jackson. Judgment for plaintiffs, and defendant brings error.

1Opinion of the Court

POEEENBARGER, JüDGE:

In an action of trespass on the case for timber cut and removed from certain land, Cora McGlamery and Josie Winifred McGlamery, claimed estates in remainder in the land, recovered a judgment for $637.00, against James W. Jackson, the life tenant, in the circuit court of Greenbrier county. As the declaration contains no ad damnum clause, its sufficiency was challenged by demurrer, and the demurrer having been overruled, there was a motion in arrest of judgment, because of the defect in the declaration, which motion was likewise overruled. ■

Propriety of.the remedy is not…

2Cases cited9 opinions

  1. Jordan v. City of BenwoodWest Virginia Supreme Court · 1896
  2. Lauck v. LoganWest Virginia Supreme Court · 1898
  3. Webb v. ThompsonIndiana Supreme Court · 1864
  4. Moses v. Old Dominion Iron & Nail Works Co.Supreme Court of Virginia · 1880
  5. May v. State BankIndiana Supreme Court · 1857

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Stephenson v. KuntzWest Virginia Supreme Court · 1948
  2. Johnson v. PhillipsCourt of Appeals of South Carolina · 1993
  3. Cincinnati Gas Transportation Co. v. WilsonWest Virginia Supreme Court · 1911

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