Reports of Cases Determined by the Supreme Court of Appeals of West Virginia, Volume 49West Publishing Company, 1902 - Law reports, digests, etc |
From inside the book
Results 1-5 of 94
Page 2
... possession , and then an appeal is granted , and then , before trial of the case , the plaintiff moves the dismissal of his action , and declares that he will not further prosecute it , the court , if asked , should award a writ of ...
... possession , and then an appeal is granted , and then , before trial of the case , the plaintiff moves the dismissal of his action , and declares that he will not further prosecute it , the court , if asked , should award a writ of ...
Page 3
... possession of the land . Short then moved the court to award him a writ requiring McCormick to restore to him possession of the land , " which motion the court for the present overruled , but put the plaintiff upon terms , either to try ...
... possession of the land . Short then moved the court to award him a writ requiring McCormick to restore to him possession of the land , " which motion the court for the present overruled , but put the plaintiff upon terms , either to try ...
Page 4
... possession had been issued upon said judgment . It is very clear that those facts constitute good cause or excuse for not having taken the appeal within ten days because it shows . surprise upon Short ; indeed it shows that the judgment ...
... possession had been issued upon said judgment . It is very clear that those facts constitute good cause or excuse for not having taken the appeal within ten days because it shows . surprise upon Short ; indeed it shows that the judgment ...
Page 5
... possession . The court only retained the case until there should be restitution of possession done by McCormick , or effected by a writ of possession . In other words , the question before this Court is , not whether the court erred in ...
... possession . The court only retained the case until there should be restitution of possession done by McCormick , or effected by a writ of possession . In other words , the question before this Court is , not whether the court erred in ...
Page 6
West Virginia. Supreme Court of Appeals. Short from possession , and then Short had taken the appeal , McCormick ' could come into court and dismiss his action , and yet retain the possession of the land . He obtained that posses- sion ...
West Virginia. Supreme Court of Appeals. Short from possession , and then Short had taken the appeal , McCormick ' could come into court and dismiss his action , and yet retain the possession of the land . He obtained that posses- sion ...
Other editions - View all
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...