30 W. Va. 326 | W. Va. | 1887
Lead Opinion
Writ of error to a judgment of the Circuit Court of Wood county, dismissing an appeal from the judgment of a justice of said county. The original action was brought before the justice by J. W. Yandervort against Herman Fouse, to recover damages for the breach of a contract. The defendant having been duly summoned appeared before the justice on the day set for trial, and moved to quash the summons, which motion being overruled, the defendant declined to plead to the action and withdrew from the case. The plaintiff demanded a jury, which was called and sworn by the justice. The case was tried by jury, and a verdict returned in favor of the plaintiff for $264.00, upon which the justice gave judgment for that sum and costs. On the day after the judgment was rendered the defendant filed his bond, and obtained from the justice an appeal to the Circuit Court. The appeal was docketed in said court, and afterwards upon the motion of the plaintiff that court dismissed the appeal. It is from the judgment of the Circuit Court that the defendant obtained this writ of error.
In Hickman v. Railroad Co., ante, 296, a case involving the same questions raised by the record in this case, decided at the present.term, this Court held, that the judgment of a justice rendered upon the verdict of six jurors in an ac
Dissenting Opinion
dissenting:
I am unable to concur in the opinion and syllabus of the Court in this case for the reasons stated by me in my opinion dissenting from the opinion and conclusions of this Court in the case of Hickman v. B. & O. R. Co., decided at the present term.
Aeeirmed.