Legal Opinion
Millar v. Whittington
West Virginia Supreme Court
Decided November 9, 1915PublishedCited by 7 opinions
Appeal from Circuit Court, Monongalia County. Suit by Harry C. Millar against Cora L. Whittington and others. From an order overruling motion to quash attachment, defendants appeal.
1Opinion of the Court
POFFENBARGER, PRESIDENT :
This appeal is from an order overruling a motion to quash an attachment, on the ground of insufficiency of the statement of the nature of the plaintiff’s claim, in the attachment affidavit, which describes it as follows:
*143“A claim and debt arising ont of contract, upon and by the terms of which said contract there is justly due” the plaintiff from the defendants, naming them, “as affiant verily believes, at least the sum of Eight Hundred and Nine Dollars.”
Obviously this statement amounts to no more than a conclusion founded upon facts known to the affiant, brjt not set…
2Cases cited8 opinions
- Warren v. SymeWest Virginia Supreme Court · 1874
- Miller v. ZeiglerWest Virginia Supreme Court · 1898
- Arnold, Abney & Co. v. SlaughterWest Virginia Supreme Court · 1892
- Sommers v. AllenWest Virginia Supreme Court · 1897
- Cosner's Administrator v. SmithWest Virginia Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- M. W. Kellogg Co. v. Concrete Accessories Corp.West Virginia Supreme Court · 1974
- Deming National Bank v. BakerWest Virginia Supreme Court · 1919
- Reed v. SchwarzWest Virginia Supreme Court · 1954
- Littlestown Savings Institution v. BreamWest Virginia Supreme Court · 1924
- Norman v. WillisWest Virginia Supreme Court · 1921
2 more not listed; retrieve them via the Exa API.