Epstein v. Totten
Cases that cite this one
3 later published cases cite this decision.
- State Ex Rel. Koontz v. Smith (W. Va. 1950)
- State Ex Rel. Taylor v. Townshend (W. Va. 1945)
- Schoonover v. Baltimore & Ohio Railroad (W. Va. 1911)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This was an action of debt in the name of the State for the úse of Jacob Epstein against H. P. Totten and others, sureties in a sheriff’s bond. The case was tried by a jury, which rendered a verdict for the defendants. The judgment was only that the defendants recover of Epstein their costs. There was no judgment of nil capiat, that is, that the plaintiff take nothing b£ her suit. Eor want of a final judgment on the merits there is no jurisdiction for this writ of error, and therefore we dismiss it. Hannah v. Bank, 53 W. va. 82; Ritchie Bank v. Bee, 60 Id. 386; De Armit v. Town of Whitmer, decided 14th January, 1908.
Bismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.