Bank of Weston v. Thomas
West Virginia Supreme Court
Error to Circuit Court, Lewis County. Action by the Bank of AVeston against A. R. Thomas and others. Judgment for plaintiff, and defendants bring error.
1Opinion of the Court
POFEENBARGER, JUDGE :
In a proceeding by motion for judgment for the balance due on a negotiable, promissory note, the plaintiff filed, with its notice of the motion, such an affidavent as may be filed with the declaration in a common law action for the recovery of money arising out of contract, under the provisions of sec. 46, ch. 125, serial sec. 4800, of the Code, claiming for it the same legal force, effect and virtue as it has in such common law action; and whether it has or not is the sole question raised by this writ of error.
On the day fixed by the notice for the motion, the defendants…
2Cases cited4 opinions
- White v. BaileyWest Virginia Supreme Court · 1909
- Ex parte BuckleySupreme Court of Alabama · 1875
- Harrison v. LeachWest Virginia Supreme Court · 1870
- Davis v. CommonwealthSupreme Court of Virginia · 1867
3Cited by34 opinions
- Teter v. Old Colony Co.West Virginia Supreme Court · 1994
- City of Fairmont v. Retail, Wholesale, & Department Store UnionWest Virginia Supreme Court · 1980
- Phillips v. Larry's Drive-In Pharmacy, Inc.West Virginia Supreme Court · 2007
- Poling v. PolingWest Virginia Supreme Court · 1935
- Rich v. RosenshineWest Virginia Supreme Court · 1947
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