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Woodburn v. Jones

Supreme Court of Appeals of West Virginia
Sep 21, 1926
102 W. Va. 191 (W. Va. 1926)

Opinion

No. 5303

Submitted October 6, 1925.

Decided September 21, 1926.

Error to Circuit Court, Tyler County.

Action by Samuel P. Woodburn against E.C. Jones for malpractice. Judgment for defendant, and plaintiff brings error.

Dismissed as improvidently awarded.

Underwood Moore, for plaintiff in error.

M. H. Wills for defendant in error.


This is an action of trespass on the case for malpractice. On the trial the court directed a verdict for the defendant, and entered judgment for costs in favor of the defendant. From the judgment the plaintiff obtained a writ of error. The defendant has filed a motion to dismiss the writ as having been improvidently awarded.

As the trial court did not enter a judgment of nil capiat the order was not final, and the motion must be sustained. Hunt v. Mounts, 96 W. Va. 143; Kirk v. Camden Interstate Railway Co., 66 W. Va. 486.

Dismissed as improvidently awarded.


Summaries of

Woodburn v. Jones

Supreme Court of Appeals of West Virginia
Sep 21, 1926
102 W. Va. 191 (W. Va. 1926)
Case details for

Woodburn v. Jones

Case Details

Full title:SAMUEL P. WOODBURN v . E. C. JONES

Court:Supreme Court of Appeals of West Virginia

Date published: Sep 21, 1926

Citations

102 W. Va. 191 (W. Va. 1926)
134 S.E. 748