Saffel v. Woodyard

Decision Date11 April 1922
CourtWest Virginia Supreme Court

(Syllabus by the Court.)

Case Certified from Circuit Court, Taylor County.

Action by Samuel Saffel against Thomas E. Woodyard. Certified for review of an order sustaining a demurrer to special counts and dismissing the action. Dismissed for want of jurisdiction.

J. Guy Allender, of Grafton, for plaintiff.

POFFENBARGER, P. The certificate in this case, by which review of the decision of the court below, upon a demurrer to a declaration in an action of assumpsit to recover a proportionate part of the cost of construction of a line fence between the lands of coterminous owners, consisting of three counts, two special and the other common, must be dismissed as having been improvidently sent up and docketed.

After sustaining the demurrer as to the special counts, the order dismissed the action. Its conclusion reads:

"And the plaintiff not desiring to amend his declaration any further, it is ordered that the same be dismissed and the defendant shall recover of and from the plaintiff his costs herein."

In our opinion, this is a final judgment of dismissal and, therefore, is reviewable only by writ of error. Appealable Judgments, orders, and decrees cannot be certified for review. Pittsburgh & W. Va. Gas Co. v. Shreve (W. Va.) 110 S. E. 714, not yet officially reported; Heater v. Lloyd, 85 W. Va. 570, 102 S. E. 228.

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14 cases
  • Gaymont Fuel Co. v. Price
    • United States
    • West Virginia Supreme Court
    • December 8, 1953
    ...183, 124 S.E. 499; State, by Prosecuting Attorney of Raleigh County, v. Crockett, 94 W.Va. 423, 119 S.E. 165. See also Saffel v. Woodyard, 90 W.Va. 747, 111 S.E. 768; Heater v. Lloyd, 85 W.Va. 570, 102 S.E. 228; Norris v. Lemen, 28 W.Va. 336. A decree sustaining a demurrer to a bill of comp......
  • State v. Miller
    • United States
    • West Virginia Supreme Court
    • February 9, 1960 the O'Brien case. No final order is reviewable by this Court on certification of questions arising from a demurrer. Saffel v. Woodyard, 90 W.Va. 747, 111 S.E. 768; Blue v. Hazel Atlas Glass Co., 93 W.Va. 717, 117 S.E. 612; State by Prosecuting Attorney of Raleigh County v. Crockett, 94 W......
  • State v. Brown
    • United States
    • West Virginia Supreme Court
    • March 23, 1976
    ...Ice & Fuel Co. v. Dankmer, 125 W.Va. 299, 24 S.E.2d 89 (1943); Slater v. Slater, 118 W.Va. 645, 191 S.E. 524 (1937); Saffel v. Woodyard, 90 W.Va. 747, 111 S.E. 768 (1922). The action of the trial court in dismissing the indictment charging a felony is a final judgment as to such charge and ......
  • State v. Lantz
    • United States
    • West Virginia Supreme Court
    • April 11, 1922
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