Legal Opinion

Jennings v. Wiles

West Virginia Supreme Court

Decided September 24, 1918PublishedCited by 7 opinions

Error to Circuit Court, Monongalia County. Action by M. J. Jennings against J. W. Wiles. Judgment for plaintiff by default, motion to set aside the judgment overi’ulcd, and defendant brings error.

1Opinion of the Court

Williams, Judge:

Mrs. M. J. Jennings recovered a judgment against J. W. Wiles on the 4th. of October, 1917, on notice and motion. The judgment was by default. On the following morning defendant appeared by counsel and, before the orders of the preceding day had been signed, moved the court to set it aside and quash the notice as being insufficient in law. Plaintiff’s counsel was not then present, and the court set the 15th of October for the hearing of the motion and required notice thereof to be given to the plaintiff’s counsel. Counsel for the respective parties then appeared, and…

2Cases cited4 opinions

  1. Post v. CarrWest Virginia Supreme Court · 1896
  2. Varney & Evans v. Hutchinson Lumber & Mfg. Co.West Virginia Supreme Court · 1908
  3. Willson v. IceWest Virginia Supreme Court · 1916
  4. Snider v. CochranWest Virginia Supreme Court · 1917

3Cited by7 opinions

  1. Gainer v. SmithWest Virginia Supreme Court · 1926
  2. Marion County Court v. RidgeCourt of Appeals for the Fourth Circuit · 1926
  3. Esso Standard Oil Company v. KellyWest Virginia Supreme Court · 1960
  4. Esso Standard Oil Co. v. KellyWest Virginia Supreme Court · 1960
  5. Ellis v. GoreWest Virginia Supreme Court · 1926

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