Legal Opinion

Dawkins v. Ellis

West Virginia Supreme Court

Decided April 25, 1911PublishedCited by 1 opinion

Error to Circuit Court, Ivanawha County. Action by J. W. Dawkins against E. S. Ellis. Judgment for plaintiff before a justice,. and on appeal to the intermediate court judgment was again rendered for plaintiff, and defendant brings error.

1Opinion of the Court

EobiNSON, Judge:

Dawkins sued Ellis before a justice of the peace and took out an attachment with the action on the ground of fraud in the procurement of the debt. The justice gave judgment for plaintiff, and also sustained the attachment. On appeal to the intermediate court, a motion to quash the attachment was overruled, and a trial was had before a jury, which resulted in judgment for plaintiff and an order sustaining the attachment. Defendant was denied a writ of error by the circuit court. Thereafter, he obtained a writ of error from one of the judges of this Court.

The action of the court…

2Cited by1 opinion

  1. Kent v. LauthersWest Virginia Supreme Court · 1923

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