Reports of Cases Determined by the Supreme Court of Appeals of West Virginia, Volume 49West Publishing Company, 1902 - Law reports, digests, etc |
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Page 6
... reversed , just as effect- ually as is a judgment of a circuit court when reversed by this Court , or just as effectually as if the appeal had been tried and the judgment of the justice reversed as its result . It is utterly contrary to ...
... reversed , just as effect- ually as is a judgment of a circuit court when reversed by this Court , or just as effectually as if the appeal had been tried and the judgment of the justice reversed as its result . It is utterly contrary to ...
Page 7
... reversal will not prevent the other party from having restitution of property taken from him under a judgment afterwards reversed . 18 Ency . Pl . & Prac . 872. The case of Watson v . Hurry , 47 W. Va . 809 , ( 35 S. E. 830 ) , asserts ...
... reversal will not prevent the other party from having restitution of property taken from him under a judgment afterwards reversed . 18 Ency . Pl . & Prac . 872. The case of Watson v . Hurry , 47 W. Va . 809 , ( 35 S. E. 830 ) , asserts ...
Page 11
... reversal , as if the cause of re- versal were upon the record . It could not be held an answer calling for affirmative relief , because that is a cross bill , and it brings in a matter foreign to the matters contained in the plead- ings ...
... reversal , as if the cause of re- versal were upon the record . It could not be held an answer calling for affirmative relief , because that is a cross bill , and it brings in a matter foreign to the matters contained in the plead- ings ...
Page 12
... reversed the decree for several errors in the record , namely , defective service on the trustee , the commissioner's reporting debts without evidence , his not returning evidence of debts , that he did not report that the debtors owned ...
... reversed the decree for several errors in the record , namely , defective service on the trustee , the commissioner's reporting debts without evidence , his not returning evidence of debts , that he did not report that the debtors owned ...
Page 13
... reversal , save the single one specified in the petition , was given , to enable the court to review itself . We ... reversing a decree by default until the errors in it are presented to the court below . How can this Court say on appeal ...
... reversal , save the single one specified in the petition , was given , to enable the court to review itself . We ... reversing a decree by default until the errors in it are presented to the court below . How can this Court say on appeal ...
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acres action affidavit Affirmed agreement alleged amount answer appear appellee ascer assignment Bailey ballot bill Braxton County Calfee cause cents charged circuit court claim commissioner contract conveyance conveyed corporation counsel county court court of equity creditors damages debt decree deed of trust defendant demurrer denied duty election equity error evidence executed fact filed Grat H. L. Smith held Howery hundred dollars indictment injunction instruction interest John judge judgment jurisdiction jurors jury justice Kanawha County Kester land lease legislature lien matter ment Mingo County motion Ohio River overruled paid parties payment person petition plaintiff plaintiff in error prisoner purchase question reason record refused regents res judicata Reversed Roane County rule Sadler says Sheppard sheriff statute Straley street suit Taylor thereof tion tract trial trustee verdict vote voter Webster County witness writ
Popular passages
Page 135 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between, the same parties or their privies...
Page 747 - ... beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality...
Page 375 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss; stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine...
Page 135 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 366 - This company shall not be held to have waived any provision or condition of this policy, or any forfeiture thereof by any requirement, act, or proceeding on Its part relating to the appraisal or to any examination herein provided for...
Page 476 - Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defence
Page 334 - Having no absolute right of recognition in other states, but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those states may think proper to impose.
Page 475 - It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 365 - If fire occur, the insured shall give immediate notice of any loss thereby in writing to this company, protect the property from further damage, forthwith separate the damaged and undamaged personal property, put it in the best possible order, make a complete inventory of the same, stating the quantity and cost of each article and the amount claimed thereon...
Page 365 - It shall be optional, however, with this company to take all, or any part, of the articles at such ascertained or appraised value, and also to repair, rebuild, or replace the property lost or damaged with other of like kind and quality...