Bantz v. Basnett
West Virginia Supreme Court
Supersedeas to a judgment of the circuit court of Marion county, rendered on the 30th day of April, 1874, in an action in debt, in which Theodore S. Bantz & Co., suing as assignees of Jonathan H. Haymond, were plaintiffs, and Philip S. Basnett was defendant, allowed upon the petition of said defendant.
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Supersedeas to a judgment of the circuit court of Marion county, rendered on the 30th day of April, 1874, in an action in debt, in which Theodore S. Bantz & Co., suing as assignees of Jonathan H. Haymond, were plaintiffs, and Philip S. Basnett was defendant, allowed upon the petition of said defendant. Moore, Judge, furnishes the following statement of the case: The plaintiffs as assignees of Jonathan H. Haymond brought an action of debt in the circuit court of Marion county against the defendant, Basnett, to recover the amount of a certain promissory note, made by said Basnett, payable six…
1Opinion of the Court
Moore, Judge :
The plaintiff in error, Basnett, assigns that: “ It was error to proceed to a trial of the case and to render judgment therein against the defendant, without first disposing of the demurrer to the plaintiff’s declaration.’’
Syllabus 1 It is a well established rule that when the record does not show what was the ruling of the court below upon *779demurrer, the Appellate Court will consider that the demurrer was overruled.
The second assignment of error.is: That the court should have sustained the demurrer.
No reasons have been given showing error in the declaration, and no error being…
2Cases cited2 opinions
- Poole & Co. v. RiceWest Virginia Supreme Court · 1876
- Huffmans v. WalkerSupreme Court of Virginia · 1875
3Cited by20 opinions
- First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
- Bowyer v. KnappWest Virginia Supreme Court · 1879
- Merchants National Bank v. GoodWest Virginia Supreme Court · 1883
- Simons v. Douglas' Extr.Court of Appeals of Kentucky · 1920
- Harman & Crockett v. Maddy Bros.West Virginia Supreme Court · 1905
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