Ensign Co. v. Carroll
West Virginia Supreme Court
Statement of the case by Woods, Judge ; On a former day of this term the petitioner, the Ensign Manufacturing Company, a corporation created and existing under the laws of this State, filed its petition in this Court, verified by affidavit, substantially setting forth the following facts: That on the twenty first July, 1882, one Mather recovered. before a justice a judgment against James W. Carroll for $41.00, with interest from that date, and $2.50 costs, which on the tenth…
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Statement of the case by Woods, Judge ; On a former day of this term the petitioner, the Ensign Manufacturing Company, a corporation created and existing under the laws of this State, filed its petition in this Court, verified by affidavit, substantially setting forth the following facts: That on the twenty first July, 1882, one Mather recovered. before a justice a judgment against James W. Carroll for $41.00, with interest from that date, and $2.50 costs, which on the tenth of July, 1886, for value received, he assigned to the petitioner, which, during the months of August and September of…
1Opinion of the Court
Woods, Judge:
It is a well-settled rule in practice that, when any pleading is demurred to, the demurrer goes back to the first error, and judgment will be rendered thereon against the party committing the first fault, although the pleading demurred to may be fatally defective. In this case the parties have demurred to the respective pleadings of each other, and as a consequence thereof they admit that the allegations made in'their respective pleadings are true as stated therein. It therefore appears that before and at the time when petitioner became indebted to Carroll-in the sum of $48.90,…
2Cases cited11 opinions
- Brown v. County of Buena VistaSupreme Court of the United States · 1877
- Brazie v. Fayette County CommissionersWest Virginia Supreme Court · 1884
- Barlow v. DanielsWest Virginia Supreme Court · 1885
- Shields v. McClungWest Virginia Supreme Court · 1873
- Black v. SmithWest Virginia Supreme Court · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State Ex Rel. Cosner v. SeeWest Virginia Supreme Court · 1947
- Yates v. Taylor County CourtWest Virginia Supreme Court · 1900
- Powhatan Coal & Coke Co. v. RitzWest Virginia Supreme Court · 1906
- Rakes v. FergusonWest Virginia Supreme Court · 1963
- City of Charleston v. BellerWest Virginia Supreme Court · 1898
13 more not listed; retrieve them via the Exa API.