Report of Cases Determined by the Supreme Court of Appeals of West Virginia from (Volume 58)
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Report of Cases Determined by the Supreme Court of Appeals of West Virginia from (Volume 58)

Report of Cases Determined by the Supreme Court of Appeals of West Virginia from (Volume 58)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906. Excerpt: ... assumpsit sounding in damages, combining the common counts, which require an order for inquiry of damages, with a special count on promissory notes. It is said in 6 Ency. PI. & Prac, 132, that where the damages are unliquidated a judgment by default can never be rendered without reference to a jury, unless by express provision of the statute. See, also, Janus Rwer, etc., Co. v. Lee, 16 Grat. 422; Smithson v. Briggs, 31 Grat. 180. The common counts are not relieved from the necessity of an order for inquiry of damages by section 45, chapter 125, Code. That being true, the action is not relieved from such order, although the declaration contains the special count in addition to the common counts. If such order is necessary, then the office judgment entered at June rules, 1904, did not become final, either under section 46 or section 47, chapter 125, Code, on the last day of the next succeeding term of court, it not having been previously set aside, so as to bar a defense thereafter. We so held in the case of Philip Carey Mfg. Co. v. Watson, supra. Therefore, we now hold that where a declaration in an action of assumpsit contains the common counts, and one or more special counts upon promissory notes in writing for the payment of money, and office judgment by default is entered at rules, the necessity of an order for inquiry of damages is not avoided by section 45, chapter 125, Code; and that such judgment does not become final, on the last day of the next succeeding term of court, not having been previously set aside, so as to bar a defense thereafter, but the defendants may plead to issue at any time before the order for inquiry of damages is executed. It is unnecessary for us to say whether or not the judgment in this case is erroneous because the office ...


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Product Details
  • ISBN-13: 9781150119231
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 280
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 1150119233
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 503 gr


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Report of Cases Determined by the Supreme Court of Appeals of West Virginia from (Volume 58)
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