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 92
... Lease - Ownership . 2 . Where one leases a lot from the trustees of a church , in an action of unlawful detainer by such trustees against him for recovery of possession he cannot set up that the church holds the lot in violation of ...
... Lease - Ownership . 2 . Where one leases a lot from the trustees of a church , in an action of unlawful detainer by such trustees against him for recovery of possession he cannot set up that the church holds the lot in violation of ...
Page 94
... lease . He has enjoyed that lease , " Where it is a simple question of authority to contract arising on a question of regularity of organization or of power conferred by the charter , a party who has had the benefit of the agreement ...
... lease . He has enjoyed that lease , " Where it is a simple question of authority to contract arising on a question of regularity of organization or of power conferred by the charter , a party who has had the benefit of the agreement ...
Page 95
... lease it . Further- more , we cannot say from the evidence that the church may not at any time want this property to enlarge its church , if it has one now , or to build one , or for a minister's residence , or for a Sabbath school ...
... lease it . Further- more , we cannot say from the evidence that the church may not at any time want this property to enlarge its church , if it has one now , or to build one , or for a minister's residence , or for a Sabbath school ...
Page 108
... lease of all these lands , except the Hatfield tract , to the Thacker Coal & Coke Co. for coal mining and coke making purposes only , for the period of thirty years from the 12th of September 108 [ 49 SADLER v . TAYLOR .
... lease of all these lands , except the Hatfield tract , to the Thacker Coal & Coke Co. for coal mining and coke making purposes only , for the period of thirty years from the 12th of September 108 [ 49 SADLER v . TAYLOR .
Page 109
... lease thereto annexed should so long perform the covenants in said lease , and , in the event of their failure to do so , said advances to cease ; and the agreement of Taylor and wife in consideration of the prem- ises to assign all ...
... lease thereto annexed should so long perform the covenants in said lease , and , in the event of their failure to do so , said advances to cease ; and the agreement of Taylor and wife in consideration of the prem- ises to assign all ...
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Common terms and phrases
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...