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90 W. Va. 747

Saffel v. Woodyard

West Virginia Supreme Court

Decided April 11, 1922

West Virginia Supreme Court · decided 1922-04-11

Case Certified from Circuit Court, Taylor County. Action by Samuel Saffiel against Tbomas E. Woodyard. Certified for review of an order sustaining a demurrer to special counts and dismissing tbe action.

Relies on Heater v. Lloyd · 90 W. Va. 277 - Pittsburgh & West Virginia Gas Co. v. Shreve

Good law ✅— No negative treatment on recordhow we know

Dismissed for want of jurisdiction · Decided 1922-04-11

How this case has been cited

Cited by 7 later decisions — most recently March 1976

7 state decisions

20192219301940195019601970decided

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.

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Poffenbarger, President:

¶1The certificate in this case, by which review of the decision of the court below upon a demurrer to a declaration in an action of assumpsit to recover a proportionate part of the cost of ■ construction of a line fence between the lands of coterminous owners, consisting of three counts, two special and the other common, must be dismissed as having been improvidently sent up and docketed.

¶2After sustaining the demurrer as to the special counts, the order dismissed the action. Its conclusion reads: “And *748the plaintiff not desiring -to amend his declaration any further, it is ordered that the same be dismissed and the defendant shall recover of and from the plaintiff his costs herein.” In our opinion, this is a final judgment of dismissal and, therefore, is reviewable only by. writ of error. Appealable judgments, orders and decrees cannot be certified for review. Pittsburgh and W. Va. Gas Co. v. Shreve, 90 W. Va. 277; Heater v. Lloyd, 85 W. Va. 570.

¶3Dismissed for want of jurisdiction.

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