The Bar: West Virginia, Volume 21West Virginia Bar Association., 1963 |
From inside the book
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Page 27
... plaintiff's by a railway company , the declaration should allege clearly and dis- tinctly the cause of action ; and a court therein reciting the supposed cause of action under a weheras , a cum quod , is fatally defective on demurrer ...
... plaintiff's by a railway company , the declaration should allege clearly and dis- tinctly the cause of action ; and a court therein reciting the supposed cause of action under a weheras , a cum quod , is fatally defective on demurrer ...
Page 42
... plaintiff's husband the servant may have used more force than was reasonably necessary in causing plaintiff to change her position on the car , but he did not attempt to strike or beat her , an instruction directing a finding for plaintiff ...
... plaintiff's husband the servant may have used more force than was reasonably necessary in causing plaintiff to change her position on the car , but he did not attempt to strike or beat her , an instruction directing a finding for plaintiff ...
Page 44
... plaintiff as administratrix is not averred , which point was not ex- pressly raised or deemed of consequence in the court below , a new trial will be limited to the issue made on the omitted averment when supplied . TOWNSEND v . BRUSHY ...
... plaintiff as administratrix is not averred , which point was not ex- pressly raised or deemed of consequence in the court below , a new trial will be limited to the issue made on the omitted averment when supplied . TOWNSEND v . BRUSHY ...
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action amendment American appeal attorney authority Bar Association Barbour County bill Boone County Braxton County Cabell County cause civilization claim coal Code commission congress Constitution contract corporation County court of equity creditors crime criminal damages debt decision decree deed defendant demurrer duty election equity error evidence execution fact favor Fayette County Federal Harrison County indictment injury interest issue Judge Judgment Affirmed Judgment Reversed judicial jurisdiction jury justice Kanawha County labor land lawyer lease legislation legislature liability lien Lynch matter McDowell County ment Mercer County Miller Mingo County Monroe Doctrine nation owner party person plaintiff Poffenbarger President procedure profession purchase purpose question railroad reasonable reform Reversed and Remanded reversible error rule statute suit Supreme Court SYLLABUS taxes thereof tion trust United verdict West Virginia witness