Epstein v. Totten

Decided February 18, 1908

West Virginia Supreme Court · decided 1908-02-18

Action by the state, for the use of- Jacob Epstein, against H. P. Totten and others. Verdict for defendants, and plaintiff brings error.

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1908-02-18

How this case has been cited

Cited by 3 later decisions — most recently February 1950

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Beannon, Judge:

¶1This was an action of debt in the name of the State for the úse of Jacob Epstein against H. P. Totten and others, sureties in a sheriff’s bond. The case was tried by a jury, which rendered a verdict for the defendants. The judgment was only that the defendants recover of Epstein their costs. There was no judgment of nil capiat, that is, that the plaintiff take nothing b£ her suit. Eor want of a final judgment on the merits there is no jurisdiction for this writ of error, and therefore we dismiss it. Hannah v. Bank, 53 W. va. 82; Ritchie Bank v. Bee, 60Id. 386; De Armit v. Town of Whitmer, decided 14th January, 1908.

¶2Bismissed.