Reports of Cases Decided in the Supreme Court of Appeals of West Virginia, Volumen5J.W. Gentry, 1873 |
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Página 11
... defendant in error . For the defendant and appellee it is insisted that the judg- ment was right , and that the declaration was not sufficient in law . And in support thereof defendant will rely on the fol- lowing points : 1. That for ...
... defendant in error . For the defendant and appellee it is insisted that the judg- ment was right , and that the declaration was not sufficient in law . And in support thereof defendant will rely on the fol- lowing points : 1. That for ...
Página 12
... defendant but only secondary or consequential , it is well settled that the action must be case and not trespass ... defendant , or of any direct or immediate per- sonal injury from the act of the defendant . Take the whole declaration ...
... defendant but only secondary or consequential , it is well settled that the action must be case and not trespass ... defendant , or of any direct or immediate per- sonal injury from the act of the defendant . Take the whole declaration ...
Página 13
... defendant to an action for a battery or such like personal injuries , for a corporation can neither beat nor be ... defendant . The right of the plaintiff must be shown , and the manner in which his right has been infringed by the act ...
... defendant to an action for a battery or such like personal injuries , for a corporation can neither beat nor be ... defendant . The right of the plaintiff must be shown , and the manner in which his right has been infringed by the act ...
Página 16
... defendant , by its agent acting under its advice and order , said agent being then and there the con- ductor of the train and car from which the plaintiff was so ejected and expelled . It was insisted by the counsel for the appellee ...
... defendant , by its agent acting under its advice and order , said agent being then and there the con- ductor of the train and car from which the plaintiff was so ejected and expelled . It was insisted by the counsel for the appellee ...
Página 18
... defendant offered evidence tending to rebut and disprove the plaintiff's testimony referred to in the bill , and that the evi- dence so offered was excluded ; which is held erroneous , no grounds for the exclusion being apparent . 3. A ...
... defendant offered evidence tending to rebut and disprove the plaintiff's testimony referred to in the bill , and that the evi- dence so offered was excluded ; which is held erroneous , no grounds for the exclusion being apparent . 3. A ...
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Términos y frases comunes
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
Pasajes populares
Página 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.
Página 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...
Página 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.
Página 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...
Página 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.
Página 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.
Página 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...
Página 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.
Página 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.
Página 87 - Each House shall keep a Journal of its proceedings, and cause the same to be published.