White v. Emblem
West Virginia Supreme Court
Error to Circuit Court, Ohio Comity. Action by David White against James and W. T. Emblem. Plaintiff had judgment. Defendants brings error.
1Opinion of the Court
Brannon, Judge:
Action before a justice for recovery of personal property, and appeal to circuit court, and judgment for plaintiff. It appears there was no plea forming an issue in this case in either the justice’s or circuit court, and Judge ENGLISH insists upon the reversal of the judgment for that cause, but the other judges do not agree to do so. In Simpkins v. White, 43 W. Va. 125 (27 S. E. 361), I gave my reasons for refusing to reverse the judgment in an action of unlawful entry before a justice for want of issue. *820I would apply the same doctrine to any action before a justice. A formal…
2Cases cited1 opinion
- Simpkins v. WhiteWest Virginia Supreme Court · 1897
3Cited by7 opinions
- Furbee v. ShayWest Virginia Supreme Court · 1899
- R. H. Thomas Co. v. LewisWest Virginia Supreme Court · 1916
- Ritchie County Bank v. BeeWest Virginia Supreme Court · 1907
- Wayne v. CyphersWest Virginia Supreme Court · 1917
- Griffin v. HaughtWest Virginia Supreme Court · 1898
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