Cappellar v. Queen Insurance
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 9th day of April, 1881, in an action at law in said court then pending, wherein J. K,. Capellar was plaintiff, and the Queen Insurance Company was defendant, allowed upon the petition of said company. Hon. E. A. Guthrie, judge of the seventh judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 9th day of April, 1881, in an action at law in said court then pending, wherein J. K,. Capellar was plaintiff, and the Queen Insurance Company was defendant, allowed upon the petition of said company. Hon. E. A. Guthrie, judge of the seventh judicial circuit, rendered the judgment complained of. GkeeN, Judge, furnishes the following statement of the case: At the October rules, 1880, J. R. Cappellar filed his declaration in assumpsit against the Queen Insurance Company of Liverpool and…
1Judgment of the CourtGreen, Judge
The question in this case is: When a declaration in an action on a policy of insurance is filed in the form prescribed by chapter 66, of Acts of 1877, section 1, and a plea is filed by the defendant in the form prescribed by the-act, and issue is joined thereon as prescribed in section five of said act, and the plaintiff'or defendant or both of them without being required so to do by the court under sections two and three of this act files under sections four and five of this act the statements in writing referred to in these sections, should the court regard these statements, as if they were…
2Cases cited1 opinion
- Choen v. GuthrieWest Virginia Supreme Court · 1879
3Cited by7 opinions
- Bentley v. Standard Fire InsuranceWest Virginia Supreme Court · 1895
- Wheeling v. BlackWest Virginia Supreme Court · 1884
- Tucker v. Colonial Fire InsuranceWest Virginia Supreme Court · 1905
- Levy v. Scottish Union & National InsuranceWest Virginia Supreme Court · 1905
- Crouch v. Franklin National InsuranceWest Virginia Supreme Court · 1927
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