Kimmins v. Wilson
West Virginia Supreme Court
Supersedeas to a judgment of the circuit court of Marshall county, rendered on the 12th day of October, 1872," in a suit then pending in said court between Abner R. Kimmins, who sued for the use of George W. Richmond, plaintiff, and James T. Wilson, defendant. The super-sedeas was awarded on the petition of the defendant below. The other material facts appear in the opinion of the Court. The Hon. Thayer Melvin, judge of said circuit court, presided at the trial below.
1Opinion of the Court
Hoffman, Judge:
A. R. Kimmins suing for the use of George W. Richmond, on the 21st day of March, 1871, instituted his action of debt in the circuit court of Marshall county, and afterwards filed his declaration, in which he demanded |335, which he alleged that Wilson owed him, and alleged that on the 8th day of September, 1866, Wilson made his note in writing, by which he promised, on or before the first day of October in the same year, to pay to Kimmins the sum first mentioned, for value received ; but that Wilson had not done so.
Wilson pleaded first, that he was not indebted: — He pleaded…
2Cases cited5 opinions
- Wickham & Goshorn v. Lewis Martin & Co.Supreme Court of Virginia · 1856
- Trustees of Farmington Academy v. AllenMassachusetts Supreme Judicial Court · 1817
- Evans v. GreenhowSupreme Court of Virginia · 1859
- Steene v. AylesworthSupreme Court of Connecticut · 1846
- McDonald v. GraySupreme Court of Iowa · 1861
3Cited by6 opinions
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- Billingsley v. ClellandWest Virginia Supreme Court · 1895
- Wineinger v. Farmers' & Stockmen's Loan & Investment Ass'nCourt of Appeals of Texas · 1925
- Clarksburg Board of Trade Land Co. v. DavisWest Virginia Supreme Court · 1915
- Windsor Hotel Co. v. SchenkWest Virginia Supreme Court · 1915
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