Reports of Cases Decided in the Supreme Court of Appeals of West Virginia, Volume 5J.W. Gentry, 1873 - Law reports, digests, etc |
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Results 1-5 of 82
Page 5
... trial . And from the reports that are given , I think it will be found impossible to glean from them the exact prin- ciple on which they were decided . For , whether it was because of an express grant of the light in the deed ( which ...
... trial . And from the reports that are given , I think it will be found impossible to glean from them the exact prin- ciple on which they were decided . For , whether it was because of an express grant of the light in the deed ( which ...
Page 6
... trial that the house and windows were ancient . " From this , it would seem that the cases are mixed up and confused with the early doctrine of ancient lights by prescription , and that even in these cases it was necessary and ...
... trial that the house and windows were ancient . " From this , it would seem that the cases are mixed up and confused with the early doctrine of ancient lights by prescription , and that even in these cases it was necessary and ...
Page 18
... trial was based , were held insufficient . This was an action of assumpsit brought by Davis Prichard against George Dawson , in the circuit court of Marion county , to March rules , 1868. The plaintiff filed a bill of particulars ...
... trial was based , were held insufficient . This was an action of assumpsit brought by Davis Prichard against George Dawson , in the circuit court of Marion county , to March rules , 1868. The plaintiff filed a bill of particulars ...
Page 19
... trial . The defendant brought the case here on a writ of error . George H. Lee for the plaintiff in error . A. F. Haymond for the defendant in error . BERKSHIRE , P. The first objection urged against the judg ment complained of , is the ...
... trial . The defendant brought the case here on a writ of error . George H. Lee for the plaintiff in error . A. F. Haymond for the defendant in error . BERKSHIRE , P. The first objection urged against the judg ment complained of , is the ...
Page 20
... trial , upon the ground of surprise and new evidence discovered after the trial . The motion was based on the affidavit of D. J. Wamsley , which states , in substance , that sometime during the late civil war the plaintiff told affiant ...
... trial , upon the ground of surprise and new evidence discovered after the trial . The motion was based on the affidavit of D. J. Wamsley , which states , in substance , that sometime during the late civil war the plaintiff told affiant ...
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Common terms and phrases
acres action affidavit affirmed aforesaid alleged amount answer appears appellant appellee arbitrators assumpsit authority averment award bank BERKSHIRE bill of exceptions Boggess bond Cady cause charge circuit court City of Wheeling claimed Code complained Confederate money contract conveyance conveyed court of equity creditors damages debt declaration decree deed defendant demurrer dollars Donnallys entitled error evidence execution executor fact fee simple filed fraud Gale Greenbrier county heirs held hundred injunction interest Jacob Highland Jan'y Term January Term John judges concurred judgment July Term jurisdiction jury Kanawha county legislature Maden matter McClung ment Ohio R. R. overruled paid Parker Parkersburg parties payment person plaintiff plaintiff in error plea possession proved purchase money question record refused Robinson rule sheriff sold statute suit sustained testator testimony thereof tion Tompkins trial trust void West Virginia Wheeling Gas William witness Wood county writ
Popular passages
Page 89 - House, but may be amended or rejected by the other; and on the final passage of all bills they shall be read at length, and the vote shall be by yeas and nays upon each bill separately, and shall be entered on the Journal ; and no bill shall become a law without the concurrence of a majority of the members elected to each House.
Page 516 - And if they are so mutually connected with and dependent on each other, as conditions, considerations, or compensations for each other, as to warrant the belief that the legislature intended them as a whole, and...
Page 244 - ... together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, property, possession, claim and demand whatsoever, as well in law as in equity, of the said part.
Page 79 - State court, may, at any time before the final hearing or trial of the suit, file a petition in such State court for the removal of the suit...
Page 326 - where the acts of the agent will bind the principal, there his representations, declarations, and admissions respecting the subject-matter will also bind him, if made at the same time, and constituting part of the res gestae.
Page 80 - Where a corporation is created by the laws of a State, the legal presumption is, that its members are citizens of the State in which alone the corporate body has a legal existence.
Page 79 - And where a suit is now pending, or may be hereafter brought, in any state court, in which there is a controversy between a citizen of the state in which the suit is brought and a citizen of another state...
Page 476 - What is termed the policy of the Government with reference to any particular legislation," as this court has said, "is generally a very uncertain thing, upon which all sorts of opinions, each variant from the other, may be formed by different persons. It is a ground much too unstable upon which to rest the judgment of the court in the interpretation of statutes.
Page 532 - The conviction of either party for an offense involving moral turpitude, and under which he or she is sentenced to imprisonment in the penitentiary for the term of two years or longer. § 2946. Discretionary grounds. In case of cruel treatment or habitual intoxication by either party, the jury, in their discretion, may grant either a total or partial divorce.
Page 87 - Each House shall keep a Journal of its proceedings, and cause the same to be published.