Byrnside v. Burdett
West Virginia Supreme Court
Supersedeas to a judgment of the circuit court of the county of Putnam, rendered on the 28th day of October, 1875, in an action in said court then pending, wherein Eichard Byrnside was plaintiff and Powell Burdett was defendant, allowed upon the petition of said Byrnside. Hon. Joseph Smith, judge of the seventh judicial circuit rendered the judgment appealed from.
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Supersedeas to a judgment of the circuit court of the county of Putnam, rendered on the 28th day of October, 1875, in an action in said court then pending, wherein Eichard Byrnside was plaintiff and Powell Burdett was defendant, allowed upon the petition of said Byrnside. Hon. Joseph Smith, judge of the seventh judicial circuit rendered the judgment appealed from. The facts of the case are fully stated in the opinion of the Court. relied on Regina v. Finney, 2 C. & K. (47 E. C. L. ) cited the following authorities: 7 Eob. Pr. 151,152 ; 2 Eand. 132; 2Saunders 32,n. 1 ; 31 Barb. 540; 7 Cush.…
1Opinion of the CourtHaymoND, Judge
This is an action brought by the plaintiff against the defendant in the county of Putnam, to recover damages upon warranty of title of ahorse traded by the defendant to the plaintiff in exchange for a horse of the plaintiff. The declaration contains three counts, the first of which claims $150.00 damages, and the second and third $200.00, each. There was a demurrer to the declaration and each count thereof filed by the defendant’s counsel in the court below, but the demurrer to the declaration was overruled. The defendant’s counsel have not claimed before us that the court below erred in any…
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