Phelps & Pound v. Smith & Co.

Citations

• 16 W. Va. 522
• 1880 W. Va. LEXIS 40

Syllabus

<p>i. Where the record does not show that a bill of exceptions had been made a part of the record by order of the court below, the Appellate Court will not consider it a part of the record, and will not look to it for any purpose upon writ of error.</p> <p>2. Where the case is submitted to the court, in lieu of a jury, upon its merits, it is presumed that the prerequisites necessary to the making of the judgment were complied with by the court, whether the record of the judgment recites the fact or not.</p> <p>3. The plaintiff may as of right amend his declaration at any time before appearance by defendant, and in such case it is not necessary to summon the defendant to plead to the amended declaration.</p>