Reports of Cases Determined by the Supreme Court of Appeals of West Virginia, Volume 56West Publishing Company, 1905 |
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Common terms and phrases
acres action aforesaid agreement alleged amount answer Appeal from Circuit appellee Bank Barbour county Belington bill Buckhannon River cause chapter CHARLESTON circuit court claim coal Code commissioner contract conveyed corporation county court court of equity creditors Cronin crossing debt decree deed of trust defendant demurrer Despard entitled error evidence execution fact filed fraud grantor Grat Harrison county held Holsberry hundred interest interpleader JUDGE judgment jurisdiction jury Landsburg lease lien Lipscomb Liskeys Lumber McNeeley ment notice owner paid parties payment person petition plaintiff plaintiff in error possession proceedings purchase money purpose question Railroad Company real estate reason record redemption refused Reversed Rickard river rule says Snyder sold statute Submitted June suit taxes Taylor county thereof thereto timber tion tract of land trial Tucker county void W. B. Maxwell West Virginia writ
Popular passages
Page 129 - Where a motion for a new trial is made on the ground that the verdict Is contrary to the evidence, and the...
Page 189 - That for and in consideration of the sum of one dollar cash in hand paid by the party of the second part to the party of the first part...
Page 124 - Sales, 1st ed. 424, 2d ed. § 568, that " a mere assertion that the party will be unable, or will refuse to perform his contract, is not sufficient ; it must be a distinct and unequivocal absolute refusal to perform the promise, and must be treated and acted upon as such by the party. to whom the promise was made ; for, if he afterwards continue to urge or demand a compliance with the contract, it is plain that he does not understand it to be at an end.
Page 496 - Now it has been long established, that the ordinary course of water cannot be lawfully changed or obstructed for the benefit of one class of persons to the injury of another. Unless, therefore, a sound distinction can be made between the ordinary course of water flowing in a bounded channel, at all usual seasons, and the extraordinary course which its superabundant quantity has been accustomed to take at particular seasons, the creation and continuance of these fenders cannot be justified. No case...
Page 507 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 507 - ... and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages notwithstanding the death of the person injured . . . Section 2.
Page 538 - It was also held in that case that the complainant should annex to his bill an affidavit that there is no collusion between him and any of the parties...
Page 258 - ... a surety, is entitled to be subrogated to all the rights and remedies of the creditor whose debt he is compelled to pay...
Page 507 - ... although the death shall have been caused under such circumstances as amount in law to felony.
Page 508 - ... in every such action the jury may give such damages as they shall deem fair and just, with reference to the pecuniary injury resulting from such death to the wife and next of kin of such deceased person ; provided that every such action shall be commenced within two years after the death of such deceased person.