Legal Opinion

Danser v. Mallonee

West Virginia Supreme Court

Decided October 26, 1915PublishedCited by 13 opinions

Error to Circuit Court, Taylor County. Action by Elijah Danser against Estella Mallonee. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Miller, Judge:

This action was begun against defendant, a non-resident, by attachment and service of process by publication. Defendant having thereafter appeared specially for that purpose the court on her motion quashed the attachment and the order of publication against her. Thereupon instead of withdrawing from the case and the further jurisdiction of the court, defendant’s counsel moved the court to dismiss the case from the docket, which motion the court overruled, assigning, in its order, as the only ground therefor, that defendant had. taken depositions in the case, on notice to…

2Cases cited8 opinions

  1. Franklin v. T. H. Lilly Lumber Co.West Virginia Supreme Court · 1909
  2. Grubb v. StarkeySupreme Court of Virginia · 1894
  3. Frye v. MileyWest Virginia Supreme Court · 1903
  4. Miller v. ZeiglerWest Virginia Supreme Court · 1898
  5. Park Land & Improvement Co. v. LaneSupreme Court of Virginia · 1906

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

3Cited by13 opinions

  1. Wright v. Standard Ultramarine and Color Co.West Virginia Supreme Court · 1955
  2. Sammons Bros. Construction Co. v. Elk Creek Coal Co.West Virginia Supreme Court · 1951
  3. Byrd v. RectorWest Virginia Supreme Court · 1932
  4. Sammons Bros. Const. Co. v. Elk Creek Coal Co.West Virginia Supreme Court · 1951
  5. William P. Mosser Co. v. PayneWest Virginia Supreme Court · 1922

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

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