Legal Opinion

Lawrence's Adm'r. v. Hyde

West Virginia Supreme Court

Decided February 22, 1916PublishedCited by 20 opinions

Error to Circuit Court, Preston County. Action by Waitman W. Lawrence’s administrator against W. H. Plyde. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

POFFBNBARGER, JuDG-E:

Lack of jurisdiction for invalidity of process is one of the assertions made by way of impeachment of this judgment for $1979.00, recovered in an action for damages for alleged wrongful death of plaintiff’s intestate. The cause of action *641arose; and the action was institued, in Preston county, but the defendant, a non-resident of the state, not being found there, process directed to the sheriff of Fayette county, was . served on him in said last named county. Deeming such procedure unauthorized and-the summons void, he made a special appearance and moved the court to quash…

2Cases cited10 opinions

  1. Consolidated Ice Machine Co. v. KeiferIllinois Supreme Court · 1890
  2. Quesenberry v. People's Building, Loan & Savings Ass'nWest Virginia Supreme Court · 1898
  3. Squilache v. Tidewater Coal & Coke Co.West Virginia Supreme Court · 1908
  4. Kunst v. City of GraftonWest Virginia Supreme Court · 1910
  5. Savage v. People's Building, Loan & Savings Ass'nWest Virginia Supreme Court · 1898

5 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Overton v. FieldsWest Virginia Supreme Court · 1960
  2. Thrasher v. Amere Gas Utilities Co.West Virginia Supreme Court · 1953
  3. Jennings v. McDougleWest Virginia Supreme Court · 1919
  4. State v. MitterWest Virginia Supreme Court · 1981
  5. State v. WismanWest Virginia Supreme Court · 1923

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API