Phoenix Assurance Co. v. Fristoe
West Virginia Supreme Court
Error to Circuit Court, Mercer County. Action by tire Phcoenix Assurance Company against L. J. , Fristoe. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
DeNt, Judge :
• •'1 ■' The. Pbcenix Assurance Company asks the reversal of a "judgment' of tlie circuit court of Mercer County dismissing its action .of assumpsit against L. J. Fristoe.
The plaintiff relies on nineteen assignments of error, all of 'which become unimportant if the two principal assignments are determined, in favor of the defendant.
The first of. these relates to the right of the defendant to filé the plea of non-assumpsit without affidavit, and the second *362to the action of the court in striking out the plaintiffs evidence and directing a verdict in favor of the defendant.
The…
2Cited by3 opinions
- Sandusky v. Oil Co.West Virginia Supreme Court · 1907
- Fishell v. . EvansSupreme Court of North Carolina · 1927
- Hatfield v. Cabell County CourtWest Virginia Supreme Court · 1915