Thurmond v. Guyan Valley Coal Co.
West Virginia Supreme Court
Certified Question from Circuit Court, Cabell County. Action of assumpsit by J. S. Thurmond and others, as executors of W. D. Thurmond, deceased, against the Guyan Valley Coal Company. Demurrer to second and third special counts sustained, and question certified.
1Opinion of the Court
Lynch, Judge:
The action of the circuit court in holding the second and third and only special counts of the declaration insufficient on demurrer to permit recovéry by plaintiffs, suing in assumpsit as executors, is here upon a certificate for the sole and only purpose of determining the propriety and correctness of that ruling.
On the 4th day of April, .1917, according to the averments of the second count, plaintiffs, “in their said capacity of executors of the last will and testament of W. D. Thurmond, deceased,” and defendant entered into a contract, on which the suit is based, whereby…
2Cases cited8 opinions
- Thompson v. MannWest Virginia Supreme Court · 1909
- Wick v. DawsonWest Virginia Supreme Court · 1900
- Davisson v. FordWest Virginia Supreme Court · 1884
- Austin v. CallowayWest Virginia Supreme Court · 1913
- Hanson v. BlakeWest Virginia Supreme Court · 1908
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3Cited by6 opinions
- Wright v. Standard Ultramarine and Color Co.West Virginia Supreme Court · 1955
- Marion v. ChandlerWest Virginia Supreme Court · 1954
- Bank of Gauley v. OsentonWest Virginia Supreme Court · 1922
- Vasey v. New Export Coal Co.West Virginia Supreme Court · 1921
- Mark A. Gomez, of the Estate of Aurelio Rafael Gomez, M.D. v. Andrea Gomez Smith and Matthew Eric Gomez, M.D.West Virginia Supreme Court · 2020
1 more not listed; retrieve them via the Exa API.