Hubbard v. Yocum
West Virginia Supreme Court
Statement of the case by Green, Judge : This was an action brought by the plaintiffs before a justice of Tyler comity against the defendant to recover of him damages, which the plaintiffs had sustained by the defendant’s breach of contract with them to furnish and put a slate roof on the house of F. E. McCoy; and the plaintiffs in the summons claimed the sum of $200.00 as such damages.
Read the full summary
Statement of the case by Green, Judge : This was an action brought by the plaintiffs before a justice of Tyler comity against the defendant to recover of him damages, which the plaintiffs had sustained by the defendant’s breach of contract with them to furnish and put a slate roof on the house of F. E. McCoy; and the plaintiffs in the summons claimed the sum of $200.00 as such damages. This summons was issued Sejitember 6,1884; it was returnable at the justice’s office on October 1,1884; and at the same time an attachment was issued against the defendant as a nonresident. I need not state the…
1Opinion of the Court
GREEN, Judge:
The first inquiry is: Should the Circuit Court have dismissed the appeal awarded the defendant to the judgment of *746the justice in favor of the plaintiffs, by tbe order of the judge in vacation, on the petition of the defendant, supported by his affidavit, as improvidently awarded, the plaintiffs having made a motion to dismiss this appeal-as improvidently awarded ? Under our statute-law the defendant, Cyrus M. Yocum, could have taken an appeal from the judgment of the justice for $Í42.50 rendered against him on October 1, 1887, as of right on giving the required appeal-bond at any…
2Cases cited5 opinions
- Shields v. McClungWest Virginia Supreme Court · 1873
- Braden v. ReitzenbergerWest Virginia Supreme Court · 1881
- Smith v. McLainWest Virginia Supreme Court · 1877
- Home Sewing Machine Co. v. FlodingWest Virginia Supreme Court · 1886
- Ruffner v. LoveWest Virginia Supreme Court · 1884
3Cited by19 opinions
- Morgan v. Ohio River R.West Virginia Supreme Court · 1894
- Post v. CarrWest Virginia Supreme Court · 1896
- Newlon v. WadeWest Virginia Supreme Court · 1897
- Long v. Ohio River R'y. Co.West Virginia Supreme Court · 1891
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
14 more not listed; retrieve them via the Exa API.