Bloss v. Plymale
West Virginia Supreme Court
Hiram Bloss brought an action of trespass on the case in the circuit court of Wayne county to September rules, 1865, against John Plymale, Jesse Spurlock, Hurston Spurlock, William P. Shurlock, Hugh Bowen, M. J. Ferguson, James Ferguson, Achilles M. C. Davis, Edmund Osborn, Samuel Wellman and John Jarrell, Jr. The cause came on the docket and was continued at the December term, 1865. At June term, 1866, an order of dismissal was entered as to John Jarrell, Jr., by the…
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Hiram Bloss brought an action of trespass on the case in the circuit court of Wayne county to September rules, 1865, against John Plymale, Jesse Spurlock, Hurston Spurlock, William P. Shurlock, Hugh Bowen, M. J. Ferguson, James Ferguson, Achilles M. C. Davis, Edmund Osborn, Samuel Wellman and John Jarrell, Jr. The cause came on the docket and was continued at the December term, 1865. At June term, 1866, an order of dismissal was entered as to John Jarrell, Jr., by the plaintiff; and subsequently, before trial, the cause was discontinued as to Samuel Well-man, Hugh Bowen and Samuel Osborn. At…
1Opinion of the Court
Brown, President.
This is an action of trespass on the case, under the statute authorizing case to be brought for a trespass vi et armis.
The action is against several defendants. As to one of them, viz: John Jarrell, Jr., the case was dismissed by the plaintiff without trial and before plea.
All the rest pleadéd the general issue, and also the plea of accord and satisfaction. This plea alleges that the agreement of accord and satisfaction was made with the said J ohn Jarrell, Jr., as one of the alleged trespassers, not for his part or participation only in the said trespasses, but in…
2Cases cited7 opinions
- Rowley v. StoddardNew York Supreme Court · 1810
- Smith v. Indianapolis, Peru & Chicago Railway Co.Indiana Superior Court · 1871
- Garnett v. MaconU.S. Circuit Court for the District of Eastern Virginia · 1825
- De Zeng v. BaileyNew York Supreme Court · 1832
- Herrington v. Harkins's adm'rsSupreme Court of Virginia · 1843
2 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Board of Education v. Zando, Martin & Milstead, Inc.West Virginia Supreme Court · 1990
- City of Chicago v. BabcockIllinois Supreme Court · 1892
- Dwy v. Connecticut Co.Supreme Court of Connecticut · 1915
- Gronquist v. OlsonSupreme Court of Minnesota · 1954
- Ellis v. EssonWisconsin Supreme Court · 1880
42 more not listed; retrieve them via the Exa API.