Baltimore & Ohio Railroad v. Morehead
West Virginia Supreme Court
Action of trespass on the case in the circuit court of Wood county; declaration filed March rules, 1868. Verdict for plaintiff, subject to the opinion of court on a demurrer to evidence filed by the defendant, and judgment on the verdict May term, 1870. There were some questions made in this court, upon the pleadings and a demurrer to the declaration, which will be found sufficiently stated in the opinion of judge Moore.
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Action of trespass on the case in the circuit court of Wood county; declaration filed March rules, 1868. Verdict for plaintiff, subject to the opinion of court on a demurrer to evidence filed by the defendant, and judgment on the verdict May term, 1870. There were some questions made in this court, upon the pleadings and a demurrer to the declaration, which will be found sufficiently stated in the opinion of judge Moore. The evidence in the case upon which the demurrer was taken is as follows : “T. Lomasney testified that on the 18th day of April, 1861, he was' receiving and forwarding clerk…
1Opinion of the CourtMoore, J.
In the case under consideration, the defendant came into court, at the first term after judgment entered at rules, and demurred generally to the plaintiff’s declaration, in which the plaintiff joined, and at the same time defendant pleaded not guilty and put itself upon the country, and the plaintiff did likewise; whereupon the office judgment and writ of enquiry were set aside. The record shows this to have taken place April 18th, 1868. On the 20th day of April, 1868, “came again the parties by their attorneys, and there being no cause of demurrer assigned by the defendant to the plaintiff’s…
2Cases cited6 opinions
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- Conger v. Hudson River RailroadThe Superior Court of New York City · 1857
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