Straley v. Payne
West Virginia Supreme Court
Error to Circuit Court, Mercer county. Action by Straley & Co. against one Payne. Judgment for plaintiffs before a justice reversed on certiorari, and plaintiff's bring error.
1Opinion of the Court
BRANNON, Judge:
Straley & Co. recovered a judgment against Payne before a justice on a demand under contract, upon a verdict of a jury, and Payne sued out a writ of certiorari, and upon it the Circuit Court reversed the judgment, of the justice, and set aside the verdict; and Straley & Co. obtained from this Court a writ of error.
The first point made by the plaintiff's in error is that the writ of certiorari was sued out later than ten days from the date of the judgment. The verdict was returned on the 11th day of June, and on that day the justice entered judgment on it. On the next day the…
2Cases cited9 opinions
- Memphis v. BrownSupreme Court of the United States · 1877
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- New York, Chicago & St. Louis Railroad v. DoaneIndiana Supreme Court · 1886
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- Ruffner v. HillWest Virginia Supreme Court · 1882
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3Cited by6 opinions
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- Pointer v. JonesWyoming Supreme Court · 1906
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