Volume 11 — West Virginia Reports

On the 4fch day of November, 1876, the circuit court of the county of Marshall, overruled a demurrer, filed by The Ohio Valley Iron Works, to a return made by The Town of Moundsville, to a mandamus nisi, issued upon the petition of The Ohio Valley Iron Works, and rendered a judgment dismissing said mandamus nisi. This is an appeal from and supersedes to said judgment, granted upon the petition of The Ohio Valley Iron Works.

This was a writ of error to a judgment of the circuit ourt of the county of Brooke, rendered on the 29th day of December, 1875, in an action of trespass on the case, then pending in said circuit court, in which David Snyder and others, were plaintiffs, and the Pittsburgh, Cincinnati and St. Louis Railway Company, were defendant. The writ of error was allowed upon the petition of the defendant.

An appeal from, and supersedeas to, a decree of the circuit court of Ohio county, pronounced on the 7th day of February, 1876, in a cause in chancery then pending in said court, in which James W. Zane, was plaintiff, and Gilbert G. Sawtell and Platoff B. Zane were defendants. The appeal was allowed upon the petition of the plaintiff, James W. Zane. Hon. Thayer Melvin, Judge of the first judicial circuit, rendered the decree appealed from.

Writ of error operating as a supersedeas to a judgment of' the circuit court of Harrison county, rendered on the 8th day of June, 1877. The writ was granted upon the petition of the defendant, Gilbert L. Hurst. Hon. C. S. Lewis, late Judge of the second judicial circuit, presided below.

, This was a writ of error and supersedeas to a judgment of the circuit court of Jefferson county, entered on the 17th day of November 1874, setting aside a verdict of a jury rendered theretofore against the defendant John J. Locke, and granting him a new trial in a case then pending in said court, in which Robert Lucas, Jr., was plaintiff, and John J. Locke and others were defendants. The writ of error was allowed upon the petition of the plaintiff.

Supersedeas awarded upon the petition of the defendant below to a judgment of the circuit court of the county of Jefferson, rendered on the 18th day of November, 1874, in a suit at law then pending in said court, wherein Mattie E. Coyle, was plaintiff, and the Baltimore and Ohio Bail road Company, was defendant. Hon. John Blair Iioge, Judge of the third judicial circuit, presided at the trial below.

Upon the petition of John A. Thompson, one of the defendants below, an appeal and supersedeas were allowed to so much of a decree of the circuit court of Jefferson county, rendered on the 16th day of November 1875, in a cause in chancery, in said court then pending, wherein HiHeary & Johnson and others were plaintiffs, an(j Jq]^ Thompson and others were defendants, as confirmed a sale of one hundred acres of land, made by special commissioners in said cause, and as disposed…

and others, were plaintiffs, and Jacob- B. Brown and wife, were defendants. This appeal was allowed upon the petition of said defendants, Jacob B. Brown and wife. The Hon. John Blair Hoge, Judge of the third judicial circuit, rendered the decrees appealed from.

An appeal and supersedeas granted upon the petition of Henry Bohrer, to a decree of the circuit court of the ■county of Jefferson, rendered on the 18th day of November, 1875, in a cause in chancery then in said court pending, in which said Henry Bohrer was complainant, and Vm. H. Travers, trustee, and others, were defendants.

An appeal and supersedeas granted upon the petition of Jacob Wolf, the defendant below,' from and to a decree of a circuit court of the county of Ritchie, rendered on the 20th day of October 1876, affirming a decree of the county court of said county, in a cause in chancery, in which E. L. Snodgrass was plaintiff and said Jacob Wolf was defendant. The Hon. J. Monroe Jackson, Judge of the fifth judicial circuit, presided at the hearing below.

Thisjwasja supersedeas tcTa judgment of the circuit court of Fayette county, rendered on the 28th day of March 1876 in an action in said court then pending, wherein the president, directors and company of the Farmers’ Bank of Virginia were plaintiffs, and James Montgomery and S. H. Carrick were defendants. The supersedeas was allowed upon the petition of the defendants below. The Hon. Homer A. Holt, Judge of the. eighth judicial circuit, rendered the judgment complained of.

This was an appeal from a decree of the circuit court of Barbour county, rendered on the 20th day of April 1870, in a cause in chancery then pending in said court, in which Charles Harmison, was plaintiff, and Jacob Loneberger and William M. Hayes were defendants, granted upon the petition oí the defendant, Jacob Loneberger. The Hon. Thomas W. Harrison, then Judge of said circuit court, rendered the decree complained of.

This was a supersedeas allowed upon the petition of the defendant below, to a judgment of the circuit court of the county of Jefferson, rendered on the 3d day of November 1874, in an action at law then pending in said court, wherein N. S. White, administrator of Leonard Sadler, was plaintiff, and Mary A. Kennedy, adminis-tratrix of Andrew Kennedy, was defendant. The Hon. John Blair Hoge, Judge of the third judicial circuit, rendered the judgment below.

This was a supersedeas, allowed upon the petition of the defendant below, to a judgment of the circuit court' of Jefterson county, rendered on the 27th day of April 1876, in an action of debt then pending in said court, in which J. H. L. Hunter was plaintiff, and Nelson T. Snyder, executor of John Snyder deceased, was defendant. HaymoND, Judge, who delivered the opinion of the Court, gives a sufficient statement of the case.

Baugher and Daniel B. Lucas, trustee, were plaintiffs, and George W. Eichelberger and others, were defendants, one on the 10th November 1873; another 17thNovember 1874; and the third 28th April 1875. ' The supersedeas was allowed upon the petition ot the defendant George W. Eichelberger. The facts sufficiently appear in the opinion of the Court. Hon. John Blair Hoge, Judge of the third judicial circuit, rendered the decrees complained of.

Supersedeas, granted upon the petition of the defendant below, to a judgment oí the circuit court of the county of Ritchie, rendered on the 20th day of October 1875, in an action at law then pending in said court, in which W. E. Hale, was plaintiff, and the West Virginia Oil and Oil Land Company, was defendant. The facts are sufficiently stated in the opinion of the Court. The Hon. James Monroe Jackson, Judge of the. fifth judicial circuit, rendered the judgment below.

Baker and others, were plaintiffs, and Rinehard, Mayer & Co., were defendants, granted upon the petition of said plaintiffs. Hon. James M. Jackson, Judge of the fifth judicial circuit rendered the decree complained of.

Two actions of debt were pending in the circuit court of Jefferson county, in which C. C. Porter’s executors were plaintiffs, and Benjamin F. Daniels, William B. Daniels and Dennis M. Daniels were defendants, in each of which judgments were rendered against said defendants on the 28th April 1875. To each of these judgments a supersedeas was allowed; and the cases were heard together in this Court.

A suit in chancery waspending in the circuit court of the county of Mercer, in which Mary F. Rowland and Louisa Rowland, were plaintiffs, and Kensie Rowland and others, were defendants. The final decree was rendered on the 9th day of May 1876 by the Hon. Ever-mont Ward, Judge of said court. The other decrees in the cause were rendered by Hon. Henry S. Gillaspie, a former Judge of said court. This appeal with supersedeas was allowed upon the petition of the defendants below.

Supersedeas to a judgment of the circuit court of the county of Jefferson, rendered on the 4th day of January 1872, in an action of debt, then pending in said court, wherein J. and B>. Holliday, executors of John W. Hol-liday, were plaintiffs, and Joseph Myers and James M. Johnson were defendants. The supersedeas was allowed upon the petition of the defendant James M. Johnson.

M. Gates & Bro. were plaintiffs, and Edward Cragg and James E. Smoot were defendants, allowed upon the petition of said defendants. , Hon. Joseph Smith, Judge of the seventh judicial circuit, rendered the decrees complained of.

An appeal granted upon the petition of Alex. F. Mathews, administrator of P. A. Prindle, deceased, to a decree of the circuit court of Greenbrier county, rendered on the 5th of June 1876, in a cause in chancery in said court then pending, in which E. S. Calwell was plaintiff, and said Alex. E. Mathews, administrator of P. A. Prindle, deceased, was defendant. The case is sufficiently stated in the opinion of the Court.

Similar indictments were found in the county court of Marshall county, one against Absalom Charlton, the other against William Allum; the defendants were respectively found guilty by juries empannelled to try the respective cases, and judgments were entered up upon the verdicts. Writs of error were allowed to the circuit court oí that county, and the judgments were respectively affirmed by that court. Hon. T. Melvin presiding.

An appeal obtained by the plaintiff, Augustus B. Modi-sett, executor of Wm. Pickins deceased, to a judgment in his favor, rendered by. the circuit court of Barbour county, on the 19tb day of November 1867, Judge Thomas W. Harrison presiding, against Spencer Dayton and Granville E. Jarvis : The opinion of the Court sufficiently states the case :

An appeal, by William Conway, one of the defendants below, from several decrees of the circuit court of the county of Monongalia, rendered in a cause in chancery, in which Addison S. Vance was complainant, and George D. Evans and others were defendants. Hon. John A. Dille, formerly Judge of said circuit court, rendered the decrees complained of.

Hon. H. L. Gillaspie, a former Judge of said court rendered the decree complained of.

An appeal from, and supersedeas to, a decree of the circuit court of the county of Greenbrier, at its November term 1875, in three causes in chancery therein depending, and which were heard together ; in one of which Estill & Eakle were plaintiffs, and Thomas McClintic’s administrator and others were defendants; in another of which Joseph M. Ocheltree was plaintiff, and Thomas McClintic’s administrator and others were defendants; and in the other of which.

B. Lyman was plaintiff, and the said Thompson and wile and T. J. Christy were defendants, allowed upon the petition of the defendants Thompson and wife. PIayMOXD, Judge, who delivered the opinion of the ' Court, fully states the case. lion.

An appeal from a decree of the circuit court of Marshall county, rendered on the 12th day of December 1876, in a cause in chancery in said court then pending, wherein Harriet Ann Arnold and others were plaintiffs, and Joseph Arnold and others were defendants, granted upon the petition of Joseph Arnold, George Fish and wife, James K. P. Conkle and wife and Roberta Homes. The facts sufficiently appear in the opinion of the Court.

An appeal from, and supersedeas to, a decree of the circuit court of Wirt county, rendered on the 24th day of February 1875, dissolving an injunction awarded the plaintiff in a certain suit in equity pending then in said court, wherein Lewis Hayzlett was plaintiff, and Jordan McMillan and others were defendants. The facts sufficiently appear in the opinion of the Court. Hon. J. M. Jackson, Judge of the fifth judicial circuit rendered the decree complained of.

Appeal and supersedeas, granted upon the petition of William Manion, from and to two decrees of the municipal court of Wheeling, rendered, one on the 4th day of April 1876, and the other at the May term 1876 oí said court, in a cause in chancery, then in said court pending, wherein said Manion was plaintiff, and Thomas Fahy was defendant.

Supersedeas to a judgment of the circuit court of Marshall county, rendered on the 4th day of November 1876, allowed upon the petition of John 'W. Probasco and others, who had obtained a writ of supersedeas to a levy for taxes upon their property in the town of Mounds-ville, and which writ was, by said judgment, quashed, with costs against the petitioners. Pión. T. Melvin, Judge of the first judicial circuit, rendered the judgment below.

Harmon was plaintiff and Benjamin P. Byram’s administrator and others were defendants, granted upon the petition of Robert Patton. Hon. Joseph Smith, Judge of the seventh judicial circuit, rendered the decree complained of.

Supersedeas to a judgment of the circuit court of Hancock county, rendered on the 7th day of September 1875, in a certain action of debt originally instituted in the county court of said county, in which David Pugh (of Peter) was plaintiff, and John H. Atkinson, administrator of Samuel Cameron, deceased, was defendant, allowed upon the petition of said administrator.

Supersedeas to a judgment of the circuit court of the county of Greenbrier, rendered on the 19th day of June 1875, granted upon the petition of Philander, Syden-stricker defendant below, in a certain action of assumpsit, then pending in said court, in which Jeremiab Nutter was plaintiff, and John F. Sydenstricker and said Philander Sydenstricker were defendants. Hon. Homer A. Holt, Judge of the eighth judicial circuit, rendered the judgment complained of.

Genin, executor of Thomas H. Genin, deceased, was plaintiff, and Josiah Ingersoll and Matilda C., his wife, were defendants, granted upon the petition of said defendant, Josiah Ingersoll. Hon. T. Melvin, Judge of the first judicial circuit, rendered the decree complained of.

Cranmer, Alexander Carson and Charles Watkins were defendants, allowed upon the petition of the said plaintiff below. Hon. T. Melvin, Judge of the first judicial circuit, rendered the decree below. Johnson, Judge, who delivered the opinion of the Court, furnishes the following statement of the case: This is an appeal from a final decree, rendered by the circuit court of Ohio county on the 7th day of February 1876.

Upon the petition of Samuel Jarrett and James Jarrett, Jr., an appeal was granted from, and supersedeas allowed to, a decree of the… Held: or regarded by the court; that said James Jarrett had great confidence in the business capacity of his son, the defendant, James Jarrett, who is, and was an intelligent business man, and had acquired that influence over his father in his weakened and imbecile condition, that enabled him to manage and control the old gentleman as he…

Hon. Charles S. Lewis, presiding, rendered on the 10th day of July 1874, in a cause in chancery, in said court then pending, wherein Bobert McFarland administrator of A. B. McFarland, deceased, and others, were plaintiffs, and William Douglass was defendant; allowed upon the petition of said administrator. Moore, Judge, who delivered the opinion of the Court, furnishes the following statement of the case.

M. F. Smith was plaintiff, and Ulysses D. McLain and others were defendants, allowed upon the petition of U. D. McLain and Robert McLain, two of the defendants below. The Hon. C. S. Lewis, late Judge of the second judicial circuit rendered the decree complained of.

Johnson was plaintiff, and Young, Carson & Bryant and others were defendants, granted upon the petition of said John B. Johnson. Hon. Thomas W. Harrison, then a circuit Judge,'’rendered the decree complained of. Green, Presidest, who delivered the opinion of the Court, furnishes the following statement of the case: To the full understanding of the opinion in this case, it is unnecessary to state the particular character of the case or the facts upon which it was based.

/Supersedeas to a judgment of the municipal court of Wheeling, rendered in an action of assumpsit, in which Michael Green & Co. were plaintiffs and the Pittsburgh, Wheeling and Kentucky Railroad Company was defendant, allowed upon the petition of said company.

J. M. Jackson, Judge of the circuit court of Ritchie county, in vacation, on the loth day of July' 1874, dissolving an injunction heretofore granted in a cause in chancery, wherein S. J. Horn was plaintiff and John W. Perry and others were defendants, allowed upon the petition of said plaintiff Horn.

Writ of error to a judgment of the circuit court of Wood county, rendered on the 11th day of April 1877,' upon the verdict of a jury finding Frederick Betsall guilty of… Held: that the prisoner must be confronted with the witnesses against him: People v. Pray, 6 Col. 248; PLooher v. Com., 13 Gratt. 763, per Samuel Judge; People v. Jones, 24Mich. 215. The Court no doubTwill observe the zealous conduct of the policeman Baker, who made two of the affidavits in the record.

Taylor Strauder, a colored man, was convicted of the murder of his wife and sentenced to death by the circuit uourt of Ohio county on the 9th day of January 1875. Held: that an affidavit by a colored man in a criminal cause pending in the State court, setting forth in substance, that by reason of his color and previous condition of servitude, he cannot obtain justice in the courts of the State, entitles him to have his cause removed into the United States court.