Winkler v. Chesapeake & Ohio R. R.
West Virginia Supreme Court
A supersedeas to a judgment of the circuit court of Cabell county, rendered on the 19th day of December, 1873, in an action of assumpsit, in which J. E. Winkler was plaintiff, and the Chesapeake and Ohio Eailroad Company was defendant, granted on the petition of the said Chesapeake and Ohio Railroad Company.
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A supersedeas to a judgment of the circuit court of Cabell county, rendered on the 19th day of December, 1873, in an action of assumpsit, in which J. E. Winkler was plaintiff, and the Chesapeake and Ohio Eailroad Company was defendant, granted on the petition of the said Chesapeake and Ohio Railroad Company. JOHNSON, Judge, furnishes the following statement of the case: This was an action of assumpsit, brought by the plaintiff against the defendant in November, 1871, in the circuit court of Cabell county, to recover a sum of money, due the plaintiff, from Cole, Hubbard & Co., who were…
1Opinion of the CourtJohnson, Judge
Syllabus 1 The demurrer to the common counts was properly overruled. Should it have been sustained to the special counts or either of them ? Neither the first, second, third or fifth counts show any consideration whatever for the making of the promise in writing, set forth in said counts or either of them. The amount of the allegation is that the defendant being indebted to Cole, Hubbard & Co. and Cole, Hubbard & Co. being indebted to plaintiff, the defendant promised to pay such indebtedness. There is nothing in either of said counts set forth that shows any agreement between the Chesapeake…
2Cases cited4 opinions
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- Mankin v. JonesWest Virginia Supreme Court · 1908
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- Oliver v. Ohio River R.West Virginia Supreme Court · 1896
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