King v. Burdett
West Virginia Supreme Court
A supersedeas to a judgment of the circuit court of Jackson county, rendered on the 21st day of July, 1875, inau action of debt, in which G. S.'M. King was plaintiff, and J. M. Burdett and others were defendants, granted on the petition of the defendants below.
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A supersedeas to a judgment of the circuit court of Jackson county, rendered on the 21st day of July, 1875, inau action of debt, in which G. S.'M. King was plaintiff, and J. M. Burdett and others were defendants, granted on the petition of the defendants below. Johnson, Judge, furnishes the following statement of the case: The plaintiff was sheriff of Jackson county, and on the 27th day of June, 1868, by consent of the circuit court of said county, appointed the defendant, J. M. Burdett, his deputy, and on the same day said deputy executed to said sheriff his bond in the penalty of $8,000.00,…
1Opinion of the CourtJohnson, Judge
The first error assigned is to the judgment of the court in overruling the demurrer to the declaration.
No defect in the declaration is pointed out, and I have found none therein. The demurrer was properly overruled.
Syllabus 1 The second error assigned is to the rejection of defendants’ special plea in writing. The plea was not made a part of the record; no bill of exceptions appears in the record to the rejection of the pleas; and the record does not show that the defendants excepted, or objected to the action of the court in rejecting the plea. When a plea is tendered by a defendant in an…
2Cases cited5 opinions
- Barlow v. . ScottNew York Court of Appeals · 1861
- Madison & Indianapolis Railroad v. WhiteneckIndiana Supreme Court · 1856
- Lightfoot v. ColeWisconsin Supreme Court · 1853
- Patrick v. DrydenWest Virginia Supreme Court · 1877
- Boggess' Heirs v. Robinson's HeirsWest Virginia Supreme Court · 1872
3Cited by17 opinions
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Lipscomb's Adm'r v. CondonWest Virginia Supreme Court · 1904
- Stephenson v. AshburnWest Virginia Supreme Court · 1952
- Quesenberry v. People's Building, Loan & Savings Ass'nWest Virginia Supreme Court · 1898
- Smith & Atkinson v. KnightWest Virginia Supreme Court · 1879
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