Bank of the Valley v. Gettinger
West Virginia Supreme Court
This ease arose in Berkeley county. The summons was issued on the 30th of March, 18(56. The questions which were determined by this court,, and through which the judgment below was affirmed, were upon the pleadings and are stated in the opinion of the judge.
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This ease arose in Berkeley county. The summons was issued on the 30th of March, 18(56. The questions which were determined by this court,, and through which the judgment below was affirmed, were upon the pleadings and are stated in the opinion of the judge. The court, however, by consent and desire of the parties, considered the questions that would arise in the circuit court on the hearing of the petition of the assignee of the plaintiff in error, which renders necessary a further statement of the facts on one point involved, as to whether the assignment of the plaintiff in error was…
1Opinion of the CourtBereshire, J.
This is an action of assumpsit instituted by the defendant in error against the plaintiff in error in the circuit court of Berkeley county.
The plaintiff, in the court below, upon affidavits averring that the defendant was a non resident of the State and had estate and debts due-it in Berkeley county, sued out sundry attachments which were levied or served on some of the debtors of the defendant as garnishees, who resided in said county.
From a bill of exceptions, taken bj7 the defendant, it appears that, on the first calling of the cause, the defendant appeared and moved the court to dismiss…
2Cited by22 opinions
- Preston National Bank v. George T. Smith Middlings Purifier Co.Michigan Supreme Court · 1890
- Snyder v. Philadelphia Co.West Virginia Supreme Court · 1903
- Tingle Adm'r v. FisherWest Virginia Supreme Court · 1882
- Lawrence v. McKenzieSupreme Court of Iowa · 1893
- Cook v. Eastern Gas & Fuel AssociatesWest Virginia Supreme Court · 1946
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