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 83
Page 11
... latter has sole jurisdiction of the subject . 3. The existence of Lincoln county held to be a fact . This cause arose in Cabell county . The original bill was filed and injunction obtained in September , 1868 ; the amended bill was ...
... latter has sole jurisdiction of the subject . 3. The existence of Lincoln county held to be a fact . This cause arose in Cabell county . The original bill was filed and injunction obtained in September , 1868 ; the amended bill was ...
Page 29
... latter refuses to accept because it is payable to himself , unless M. will endorse it , which he accordingly does , in blank ; whereupon it is exchanged for the bond of M. C. was solvent for several years after- wards , but is insolvent ...
... latter refuses to accept because it is payable to himself , unless M. will endorse it , which he accordingly does , in blank ; whereupon it is exchanged for the bond of M. C. was solvent for several years after- wards , but is insolvent ...
Page 30
... latter , and Montgom- ery might then , were there no other evidence but the bond and endorsement , claim to be an assignor . But how could he assign to Kearnes a bond , in which he , Montgomery , had no property , and which was already ...
... latter , and Montgom- ery might then , were there no other evidence but the bond and endorsement , claim to be an assignor . But how could he assign to Kearnes a bond , in which he , Montgomery , had no property , and which was already ...
Page 36
... that indulgence given by the creditor to the principal , where there has been no request upon the part of the surety , does not release the Jan'y Term , Kearnes vs. Montgomery . 1870 . latter 36 COURT OF APPEALS OF WEST VIRGINIA .
... that indulgence given by the creditor to the principal , where there has been no request upon the part of the surety , does not release the Jan'y Term , Kearnes vs. Montgomery . 1870 . latter 36 COURT OF APPEALS OF WEST VIRGINIA .
Page 37
... latter , and it is not by any means well settled that a surety is relieved , in all cases , from liability , even where he has requested the creditor to proceed against the principal , and he has failed to do so . See 1 Pars . Contr ...
... latter , and it is not by any means well settled that a surety is relieved , in all cases , from liability , even where he has requested the creditor to proceed against the principal , and he has failed to do so . See 1 Pars . Contr ...
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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.