Legal Opinion · Concurrence

International Shoe Co. v. Heatwole

West Virginia Supreme Court

Decided June 13, 1944No. 9601Published

1ConcurrenceFox, Judge

I concur in the result, and find no fault with the reasoning in the opinion prepared by Judge Rose. I would prefer, however, to rest the decision on my belief that plaintiff’s cause of action, if any, arose in Pocahontas County. Treating the cause of action as arising in Pocahontas County, a justice of the peace in Summers County could not acquire jurisdiction thereof by a summons directed to a constable of that county, which was served on the state auditor, or service thereof accepted by that official. Roberts v. Hickory Camp Coal & Coke Co., 58 W. Va. 276, 52 S. E. 182; Bank of Gassaway v.…

2Cases cited4 opinions

  1. Roberts v. Hickory Camp Coal & Coke Co.West Virginia Supreme Court · 1905
  2. Sovereign Coal Co. v. BrittonWest Virginia Supreme Court · 1916
  3. Bank of Gassaway v. StalnakerWest Virginia Supreme Court · 1911
  4. United States Coal & Coke Co. v. KittsWest Virginia Supreme Court · 1943

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