Woodburn v. Jones
This text of 134 S.E. 748 (Woodburn v. Jones) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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. Prom 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 capia! 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.
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Cite This Page — Counsel Stack
134 S.E. 748, 102 W. Va. 191, 1926 W. Va. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodburn-v-jones-wva-1926.