Report of Cases Determined by the Supreme Court of Appeals of West Virginia, Volume 55West Publishing Company, 1905 - Law reports, digests, etc |
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Results 1-5 of 100
Page 10
... prove anything against it . " JUDGE GREEN , who delivered the opinion of the court in that case , says , upon that point : " It is certainly a rule invariably recognized by the courts , that a record imports such absolute verity , that ...
... prove anything against it . " JUDGE GREEN , who delivered the opinion of the court in that case , says , upon that point : " It is certainly a rule invariably recognized by the courts , that a record imports such absolute verity , that ...
Page 11
... prove them in some appropriate proceeding . The learned judge who decided the case , evidently thought that plain- tiff had the right to maintain an original bill for the purpose of impeaching the decrees complained of , for fraud ...
... prove them in some appropriate proceeding . The learned judge who decided the case , evidently thought that plain- tiff had the right to maintain an original bill for the purpose of impeaching the decrees complained of , for fraud ...
Page 18
... proved that , at the time of this sale , the said proposed change had not been located ; that when Wenger made his said contract for section 2 , he was not shown what the change was to be ; that the change was not located by the road ...
... proved that , at the time of this sale , the said proposed change had not been located ; that when Wenger made his said contract for section 2 , he was not shown what the change was to be ; that the change was not located by the road ...
Page 35
... from said decree , asigning as errors that the contract was not proved as alleged ; that the evidence in support of plaintiff's preten- tions was insufficient and much of it fabricated , and W. Va . ] 35 RATLIFF v . SOMMERS .
... from said decree , asigning as errors that the contract was not proved as alleged ; that the evidence in support of plaintiff's preten- tions was insufficient and much of it fabricated , and W. Va . ] 35 RATLIFF v . SOMMERS .
Page 38
... proved . " Abbott v . L'Hommedieu , 10 W. Va . 677 , ( syl . pt . 2 ) , it is held : " The exercise of the equity branch of jurisprudence respecting the rescission and specific performance of contracts , is not a matter of right in ...
... proved . " Abbott v . L'Hommedieu , 10 W. Va . 677 , ( syl . pt . 2 ) , it is held : " The exercise of the equity branch of jurisprudence respecting the rescission and specific performance of contracts , is not a matter of right in ...
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Common terms and phrases
action Affirmed aforesaid agent alleged amended amount answer appeal appellee applied Arbogast assumpsit attorney avers ballot bank BRANNON Camden cause charged CHARLESTON circuit court claim Claytor clerk coal Code commissioner common law contract conveyance conveyed county court court of equity creditors debt declaration decree deed of trust defendant demurrer dollars entitled evidence executed facts filed fraud fraudulent Galford Grat heirs held Hertzog hundred indictment instruction interest JUDGE judgment jurisdiction jury justice Kanawha County land lien loan Lumber mandamus ment Mercer County notice overruled owner paid party payment person plaintiff in error pleadings possession premium principles purchase question Randolph County Ratliff real estate reason receipt record recover refused Reversed rule Rutherford Sayers says seisin seventy-two acres sold statute suit therein thereof thereto Thompson tion tract trial usurious verdict void West Virginia Williams witness Zirkle
Popular passages
Page 422 - No suit or action on this policy for the recovery of any claim, shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 342 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the insured unless so written or attached.
Page 265 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...
Page 265 - ... within sixty days after the fire, unless such time is extended in •writing by this company, shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of the fire; the interest of the insured and of all others in the property; the cash value of each item thereof and the amount of loss thereon...
Page 215 - O Cromwell, Cromwell, Had I but served my God with half the zeal I served my king, he would not in mine age Have left me naked to mine enemies.
Page 342 - ... shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement endorsed hereon or added hereto, and as to such provisions and conditions no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto...
Page 341 - ... if the interest of the insured be other than unconditional and sole ownership...
Page 257 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Page 50 - That the said party of the first part for himself and his heirs, executors, administrators and assigns, for and in consideration of the sum of one dollar, the receipt of which is hereby acknowledged, and...
Page 457 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a Court of Chancery.