Dempsey v. Poore
West Virginia Supreme Court
Error to Circuit Court, Mingo County. Action by James A. Dempsey against Lula Poore and others. Judgment for plaintiff, and Lula Poore brings error.
1Opinion of the Court
"WmiiiAMS, Judge:
Lula Poore was awarded this writ of error to a judgment recovered against her and Joseph H. Dempsey by James A. Dempsey in an action of assumpsit tried in the circuit court of Mingo county.
Four errors are assigned: (1) overruling the demurrer to the amended declaration; (2) refusal to set aside the ver-*108diet; (3) refusal to give defendants’ instruction No. 2; and (4) overruling motion in arrest of judgment.
The first assignment is not well taken. The demurrer raised the objection that the amended declaration was a departure from the original cause of action. It was not. The…
2Cases cited6 opinions
- Clarke v. Ohio River R.West Virginia Supreme Court · 1894
- Kuhn v. BrownfieldWest Virginia Supreme Court · 1890
- Hughes v. FrumWest Virginia Supreme Court · 1895
- Snyder v. HarperWest Virginia Supreme Court · 1884
- State v. MartinWest Virginia Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. HuffmanWest Virginia Supreme Court · 1955
- State v. PainterWest Virginia Supreme Court · 1950
- Morrison v. JudyWest Virginia Supreme Court · 1941
- Hayes v. Town of Cedar GroveWest Virginia Supreme Court · 1946