44 W. Va. 531 | W. Va. | 1898
In the circuit court of Putnam county, the Wells-Stone Mercantile Company, a corporation, brought its action of debt against George W. Fletcher, Harry 'G. Liadle, and
Upon referring to the statutes of Minnesota, we find that Gen. St. 1878, c. 66, tit. 5, s. 52 (Gen. St. 1894, s. 5193), provides that “civil actions in the several district courts
The only questiou raised in the case on the issue of “no such record” is the fact that the summons and complaint bear date June 15, 1892, while the date of service of same on the defendant A. H. Truax is dated June 14,1892. The demurrer was properly overruled. On the 26th day of July, 1892, the clerk ascertained that: “The summons and complaint in this action having been duly personally served on the above-named defendants, as follows: On defendants George W. Fletcher and Harry G. Liadle on the 20th day of June, A. D. 1892, and on the defendant Albert H. Truax on the 14th day of June, A. D. 1892, as appears from the return of the sheriff thereof, and more than twenty days
The fourth and fifth assignments of error, because of the admission of alleged illegal testimony, are immaterial, as the whole case was tried by the court in lieu of a jury. It is well settled in this State that, “when a case is tried by the court in lieu of a jury, it is not error in the court to hear illegal testimony, the court being fully competent to discard the illegal evidence.” Nutter v. Syldenstricker, 11 W. Va., 535; State v. Seabright, 15 W. Va., 590; Abrahams v. Swann, 18 W. Va., 274.
From what has been said, it follows that the sixth and seventh assignments are not well 'taken. I can see no error, and the judgment is affirmed. Ajjirmed.