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 77
Page 1
... jury is sworn as though the mise had been properly joined . HELD : That it is error to try the case in the absence of such plea and issue , and no judgment should be rendered on the verdict . 2. A verdict is erroneous and incurably ...
... jury is sworn as though the mise had been properly joined . HELD : That it is error to try the case in the absence of such plea and issue , and no judgment should be rendered on the verdict . 2. A verdict is erroneous and incurably ...
Page 18
... jury that the Charter government and laws under which the defendants acted were , at the time the trespass is alleged to have been committed , in full force and effect as the form of government and paramount law of the State , and ...
... jury that the Charter government and laws under which the defendants acted were , at the time the trespass is alleged to have been committed , in full force and effect as the form of government and paramount law of the State , and ...
Page 19
... jury might find that the constitution which the plaintiff supported was adopted by a majority of the citizens of the State , or of the voters entitled to vote by the existing law ; another jury , in another case , might find other- wise ...
... jury might find that the constitution which the plaintiff supported was adopted by a majority of the citizens of the State , or of the voters entitled to vote by the existing law ; another jury , in another case , might find other- wise ...
Page 45
... jury be instructed that , if they believe from the evidence that the plaintiff em- braced in the several notes , or any of them , the anticipated interest to be due at the maturity of the notes respectively , that it would constitute ...
... jury be instructed that , if they believe from the evidence that the plaintiff em- braced in the several notes , or any of them , the anticipated interest to be due at the maturity of the notes respectively , that it would constitute ...
Page 47
... jury believe from the evidence that this excess of 10 dollars and 95 cents in the interest was a mere mistake , or inadvertence of calculation in the renewal of said notes , and that the plaintiff had no intention thereby to charge any ...
... jury believe from the evidence that this excess of 10 dollars and 95 cents in the interest was a mere mistake , or inadvertence of calculation in the renewal of said notes , and that the plaintiff had no intention thereby to charge any ...
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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.