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 61
Page 57
... void , because it was an effort to determine a question essential'y judicial , This was a bill of injunction filed in the circuit court of Berkeley county , at August rules , 1869. The points at issue are amply stated in the opinion of ...
... void , because it was an effort to determine a question essential'y judicial , This was a bill of injunction filed in the circuit court of Berkeley county , at August rules , 1869. The points at issue are amply stated in the opinion of ...
Page 65
... void as to N. G. Highland , and decreed that the land be sold as the property of Jacob Highland , in satisfaction of the plaintiff's claim . It further declared that H. J. Lynch had no valid lien or claim against the land as against the ...
... void as to N. G. Highland , and decreed that the land be sold as the property of Jacob Highland , in satisfaction of the plaintiff's claim . It further declared that H. J. Lynch had no valid lien or claim against the land as against the ...
Page 77
... void as to him . A material alteration without the assent of the party to be affected by it , renders the instrument void as to him . Burham vs. Ayer , 35 N. H. Rep . , 351 ; 2 Parsons on Notes and Bills , p . 544. In the case of ...
... void as to him . A material alteration without the assent of the party to be affected by it , renders the instrument void as to him . Burham vs. Ayer , 35 N. H. Rep . , 351 ; 2 Parsons on Notes and Bills , p . 544. In the case of ...
Page 86
... void , and the removal in violation of law , and would greatly increase the burdens of taxation . The aid of the court was invoked to enjoin the defendants from making the removal , which it was alleged they were about to do , to the ...
... void , and the removal in violation of law , and would greatly increase the burdens of taxation . The aid of the court was invoked to enjoin the defendants from making the removal , which it was alleged they were about to do , to the ...
Page 92
... void . But whenever it is acting in the apparent performance of legal functions , every reasonable presumption is to be made in favor of the action of a legislative body ; it will not be pre- sumed in any case , from the mere silence of ...
... void . But whenever it is acting in the apparent performance of legal functions , every reasonable presumption is to be made in favor of the action of a legislative body ; it will not be pre- sumed in any case , from the mere silence of ...
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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.