Reports of Cases Determined by the Supreme Court of Appeals of West Virginia, Volume 68West Publishing Company, 1911 |
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Common terms and phrases
acres action Affirmed alleged amended amount appeal assumpsit authority Bank Barbour county bill Bluefield board of affairs bond BRANNON brings error Buckley cause chapter CHARLESTON circuit court cited claim clause coal Code commissioner committee constitution contract contributory negligence conveyance corporation counsel county court court of equity damages Decided declaration decree deed defendant's demurrer deny Elswick equity Error to Circuit evidence execution fact filed fraud grant Grat indictment injunction injury instruction intent intoxicating issue JUDGE judgment jury Kanawha County land lease legislature levy liability license lien liquors mandamus mechanic's lien ment negligence opinion paid party payment person plaintiff in error purpose question Railroad railway Randolph County reason refused Remanded Reversed rule sell statute statute of frauds street suit sustained thereof timber tion tract trial trust unlawful verdict Williams writ of error
Popular passages
Page 704 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Page 205 - Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person...
Page 305 - Those directions which are not of the essence of the thing to be done, but which are given with a view merely to the proper, orderly and prompt conduct of the business, and by the failure to obey which the rights of those interested will not be prejudiced, are not commonly to be regarded as mandatory...
Page 608 - It is defined a yielding up of an estate for life or years to him that hath the immediate reversion or remainder, wherein the particular estate may merge or drown, by mutual agreement between them. It is done by these words: "Hath surrendered, granted, and yielded up.
Page 537 - A trustee may, with the approval of the court, be permitted to prosecute as trustee any suit commenced by the bankrupt prior to the adjudication, with like force and effect as though it had been commenced by him.
Page 70 - That the offender be drawn to the gallows, and not be carried or walk: though usually (by connivance,^ 1 at length ripened by humanity into law) a sledge or hurdle is allowed, to preserve the offender from the extreme torment of being dragged on the ground or pavement.
Page 535 - ... which he knows to be mischievous if it gets on his neighbour's, should be obliged to make good the damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued, and it seems but just that he should at his peril keep it there so that no mischief may accrue, or answer for the natural and anticipated consequences. And upon authority, this we think is established to be the law whether the things so brought be beasts,...
Page 749 - Willful desertion. is the voluntary separation of one of the married parties from the other with intent to desert.
Page 190 - No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in consequence of being stationed therein.
Page 515 - It would seem that expedients which the entire commercial world recognizes as safe could be sanctioned, and not discredited, by courts of justice. When it is a mere question of whether provisional confidence can be placed in a certain class of statements, there cannot profitably and sensibly be one rule for the business world and another for the courtroom.