Reports of Cases Decided in the Supreme Court of Appeals of West Virginia, Volume 4J.W. Gentry, 1871 - Law reports, digests, etc |
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Results 1-5 of 82
Page 8
... , judge of the Wood county cir- cuit court on the hearing of the cause . Stephenson for the appellant . Lee and Jackson & Small for the appellee . Jan'y Term , Klinck vs. Price . 1870 . MAXWELL 8 COURT OF APPEALS OF WEST VIRGINIA .
... , judge of the Wood county cir- cuit court on the hearing of the cause . Stephenson for the appellant . Lee and Jackson & Small for the appellee . Jan'y Term , Klinck vs. Price . 1870 . MAXWELL 8 COURT OF APPEALS OF WEST VIRGINIA .
Page 9
... appellant insists here that the decree is erroneous , because the conveyance was absolute and not a mere mort- gage to secure the payment of money loaned , and because the contract was not usurious . Without referring to the evidence in ...
... appellant insists here that the decree is erroneous , because the conveyance was absolute and not a mere mort- gage to secure the payment of money loaned , and because the contract was not usurious . Without referring to the evidence in ...
Page 11
... appellant , Lu- sher , sought to restrain the collection of taxes assessed against him by the officers of the county ... appellants . Tomlinson and Stanton & Allison for the appellees . 4 11 42 292 Jan'y Term , BROWN , President . Lusher ...
... appellant , Lu- sher , sought to restrain the collection of taxes assessed against him by the officers of the county ... appellants . Tomlinson and Stanton & Allison for the appellees . 4 11 42 292 Jan'y Term , BROWN , President . Lusher ...
Page 19
... appellant in this case . In the case above referred to , the court decided that the question as to which was the rightful government , was a political and not a judicial question , and , “ That it rested with the political power to ...
... appellant in this case . In the case above referred to , the court decided that the question as to which was the rightful government , was a political and not a judicial question , and , “ That it rested with the political power to ...
Page 32
... appellant here . In this case , Star- buck and Forman had given a blank note , not negotiable , to Orrick , with a blank endorsement of Colston's . After the action was brought , Orrick wrote above the endorse- ment , binding Colston as ...
... appellant here . In this case , Star- buck and Forman had given a blank note , not negotiable , to Orrick , with a blank endorsement of Colston's . After the action was brought , Orrick wrote above the endorse- ment , binding Colston as ...
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Common terms and phrases
acres adm'r affidavit affirmed alleged answer appears appellant appellee assigned assumpsit authority averment Ballard bank BERKSHIRE bond Caperton Carper cause circuit court claimed Clarkson coal Code Code of Virginia common law complainant confederate money constitution contract court of equity creditors Crowdhill damages Davis declaration decree deed defendant in error demurrer dismissed dollars Donnally equity evidence executed fact filed Fluharty Forney fraud grant grantor Gratt Greenbrier county Harrison heirs held illegal injunction issue Jan'y Term January Term John judges concurred judgment jurisdiction jury Kanawha county land legislature lien MAXWELL ment Monroe county motion non est factum objection opinion overruled paid parties payment person plaintiff in error plea pleaded President proceedings purchase money question real estate rebellion receipt record refused rendered replication rule sold statute suit sustained thereof tion tract trespass trial trust usury verdict void Wellsburg West Virginia wife witness
Popular passages
Page 334 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Page 92 - They bore, indeed, this character upon their face, for they were made payable -after the ratification of a treaty of peace between the Confederate States and the United States of America.
Page 224 - In short, ex post facto laws relate to penal and criminal proceedings which impose punishments or forfeitures, and not to civil proceedings which affect private rights retrospectively.
Page 151 - The time and manner of their operation, the exceptions to them, and the acts from which the time limited shall begin to run, will generally depend on the sound discretion of the legislature, according to the nature of the titles, the situation of the country, and the emergency which leads to their enactment.
Page 27 - That rule is, that a covenant will be construed to be joint or several according to the interest of the parties appearing upon the face of the deed, if the words are capable of that construction; not that it will be construed to be several by reason of several interests, if it be expressly joint.
Page 142 - This argument rests on the assumption of two propositions, each of which is without foundation in the established law of nations. It assumes that where a civil war exists, the party belligerent, claiming to be Sovereign, cannot, for some unknown reason, exercise the rights of belligerents, although the revolutionary party may.
Page 360 - An act further to provide for the collection of duties on imports, and for other purposes...
Page 683 - It was for the building of a bridge, which it recites the party of the second part "desires to build across the Allegheny river, and in accordance with specifications and plans * * * heretofore submitted to the. party of the first part by the .party of the second part.
Page 534 - A notice, no particular mode of serving which is prescribed, may be served by delivering a copy thereof in writing to the party in person; or, if he be not found at his usual place of abode...
Page 141 - The appellants contend that the term "enemy" is properly applicable to those only who are subjects or citizens of a foreign State at war with our own. They quote from the pages of the common law, which say, "that persons who wage war against the King may be of two kinds, subjects or citizens. The former are not proper enemies, but rebels and traitors; the latter are those that come properly under the name of enemies.