Patton & Shaver v. Elk River Navigation Co.
West Virginia Supreme Court
A supersedeas to a judgment of the circuit court of Kanawha county, rendered on' the 17th day of June, 1875, in an. action in assumpsit, before said court then pending, in which Patton & Shaver were plaintiffs, and the Elk River Navigation Co. was defendant, granted on the petition of said defendant. Edward B. Knight, Escp, as special judge, presided at the trial of this case in the court below and rendered the judgment complained of.
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A supersedeas to a judgment of the circuit court of Kanawha county, rendered on' the 17th day of June, 1875, in an. action in assumpsit, before said court then pending, in which Patton & Shaver were plaintiffs, and the Elk River Navigation Co. was defendant, granted on the petition of said defendant. Edward B. Knight, Escp, as special judge, presided at the trial of this case in the court below and rendered the judgment complained of. The facts of the case sufficiently appear in the opinion of the Court. relied on the following authorities: 1 Chit. PI. 337; Id. 395; 18m. Lead. Ca. 266 ; Chit,…
1Opinion of the Court
Mo'ore, Judge,
delivered tbe opinion of tbe Court:
This was an action of assv/mpsit. The declaration contained the common counts in the usual form, with specifications filed, and two special counts. The defendants demurred to the declaration, and to each count thereof. It is argued, that the court erred in overruling the demurrer as to the special counts. No error is assigned as to the common counts. The first special count is objected to on the ground, “that the jury was called to pass upon the title to the lands, and also to pass upon the acts of of the stockholders.
The first special count…
2Cases cited2 opinions
- Hayzlett v. McMillanWest Virginia Supreme Court · 1877
- Alderson v. MillerSupreme Court of Virginia · 1859
3Cited by18 opinions
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- Aldrich v. AldrichWest Virginia Supreme Court · 1962
- McDade v. MoynihanMassachusetts Supreme Judicial Court · 1953
- GAVENDA BROTHERS, INC v. Elkins Limestone CompanyWest Virginia Supreme Court · 1960
- Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
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