Nadenbousch v. Sharer
West Virginia Supreme Court
George Sharer and S. 11. Martin, partners under the firm and style of Sharer §■ Marlin, brought suit against John Q. A. Nadenbousch and William N. Riddle, for trespass in taking and carrying away the goods of the plaintiff, claiming 5000 dollars damages, in the circuit court of Berkeley county.
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George Sharer and S. 11. Martin, partners under the firm and style of Sharer §■ Marlin, brought suit against John Q. A. Nadenbousch and William N. Riddle, for trespass in taking and carrying away the goods of the plaintiff, claiming 5000 dollars damages, in the circuit court of Berkeley county. The defendants filed the plea of not guilty, and three special pleas embracing what is generally known as “belligerent rights” — i. e. that at the time of the alleged taking and carrying away they were in the service of the armies of the Confederate States of America. On the plea of not guilty issue…
1Opinion of the Court
Brown, President.
Sharer and Martin the defendants in error, obtained a rule or order nisi, in this cause at a former term in pursuance of the acts to prevent the prosecution of suits and the suing out of process by persons engaged in rebellion, dismissing the case unless the plaintiffs in error should take the oaths prescribed, and file them in the papers of the cause, or show cause against the same.
This rule, or order nisi, was based upon the affidavit of only one of the defendants in error, filed at the time the order was made. And at the present term the plaintiffs in error showed cause…
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