5 W. Va. 538
Decided January 15, 1872
West Virginia Supreme Court · decided 1872-01-15
Action of debt in the circuit court of Pocahontas county, declaration filed October rules, 1868. Verdict and judgment for the defendant October term, 1870.
Cited by 1 later decisions — most recently January 1853
1 state decisions
Relies on Beard v. Livesay
Good law ✅— No negative treatment on recordhow we know
Decided 1872-01-15
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¶1This case is very much like the case of Beard vs Livesay 4 W. Va. 637, and for the reasons given in that case the defendant’s first special plea should have been rejected and the instructions given to the jury at the instance of the the defendants should have heen'refused. Orchardss Hughes 3 Wallace’s Reports 73.
¶2The judgment complained of will have to be reversed with costs to the appellants and the cause remanded.
¶3Judgment reversed.