Legal Opinion

Armentrout v. Lambert

West Virginia Supreme Court

Decided February 13, 1917PublishedCited by 2 opinions

Error to Circuit Court, Randolph County. Action by C. L. Armentrout and another against L. D. Lambert. Judgment for defendant, and plaintiffs bring error.

1Opinion of the Court

Miller, Judge:

The first point of the syllabus sufficiently states the facts appearing in the record. It is apparent that the court did not intend to finally dismiss plaintiffs’ action, and to reverse its previous holding in reference to the first or common counts in assumpsit, which was concededly good on its face.

To be final and subject to review on writ of error in this court the judgment should be that the case be dismissed without day, or that the plaintiff take nothing by his suit, or otherwise refer to the disposition made of the subject matter. DeArmit v. Town of Whitmer, 63 W. Va.…

2Cases cited5 opinions

  1. Underwood Typewriter Co. v. PiggottWest Virginia Supreme Court · 1906
  2. Carson v. Phoenix Ins. Co. of HartfordWest Virginia Supreme Court · 1895
  3. Dearmit v. Town of WhitmerWest Virginia Supreme Court · 1908
  4. Bower v. Virginian Ry. Co.West Virginia Supreme Court · 1911
  5. Myers v. CarnahanWest Virginia Supreme Court · 1911

3Cited by2 opinions

  1. Shay v. Rinehart & Dennis Co.West Virginia Supreme Court · 1935
  2. Armentrout v. LambertWest Virginia Supreme Court · 1919

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