Volume 13 — West Virginia Reports

Writ of error to a judgment of the circuit court of Kanawha county, rendered on the 29th day of June, 1876, in an action of ejectment, in which William A. Lewis and William Frazier, trustees, were plaintiffs, and Felix Childers and others were defendants, granted on the petition of said Lewis and Frazier. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of.

An appeal witli sitpersedeas, granted upon petition of John Bowyer, from and to a judgment of the circuit court of Putnam county, rendered on the 23d day of April, 1874, in an action of unlawful detainer, in which said John Bowyer was plaintiff, and Seymour Seymour et al. were defendants. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of. The facts of the case sufficiently appear in the opinion of the Court.

An appeal from and supersedeas to a decree of the circuit court of Ritchie county, rendered on the 26th day of April, 1876, in a cause, in said court then pending, in which John McGinnis was plaintiff and Jesse Curry and others were defendants, allowed upon the petition of the defendants below. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered-the decree complained of.

Supersedeas to a judgment of the circuit court of the county of Tyler, rendered on the 14th day of November, 1876,., in a certain action, in said… Held: after due notice, upon the 9th day of January, 1875, they, the said plaintiffs, being desirous of winding up the business of said company, made a motion to dissolve said company, and that there were voted two hundred and ninety-one and one-half shares in favor of such dissolution and voluntary winding up; that of these said…

Writ of error and supersedeas to a judgment of tbe circuit court of Ohio county, rendered on the 18th day of July, 1876, in an action of trespass on the case for libel, then in said court pending, wherein James W. Sweeney was plaintiff, and Lewis Baker, William J. Johnston, William H. Taney and James B. Taney were defendants. Hon. Thayei Melvin, Judge of the first judicial circuit, rendered the judgment complained of.

Davis was defendant, granted on petition of said Davis. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered the decree complained of.

A supersedeas to a judgment of the circuit court of Kanawha county, rendered on' the 17th day of June, 1875, in an. action in assumpsit, before said court then pending, in which Patton & Shaver were plaintiffs, and the Elk River Navigation Co. was defendant, granted on the petition of said defendant. Edward B. Knight, Escp, as special judge, presided at the trial of this case in the court below and rendered the judgment complained of.

Coleman was plaintiff, and James T. Waters and George Waters were defendants, allowed on the petition of said defendants. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from.

C. Gilman and others were defendants, granted on the petition of said plaintiffs. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered the decree appealed from.

Appeals from two decrees of the circuit court of Green-brier county, one rendered on the 27th day of April, 1871, in a cause in s.aid court then pending, in -which William B. Reid and Elizabeth A. Reid, his wife, and ' John Stuart tfustee, were plaintiffs, and William R. Stuart and others were defendants, the other rendered on the 16th day of June, 1876, in a cause in which A. L. Ellett & Co. were plaintiffs and William B. Reid and others were defendants, both appeals…

Petition by Joseph Hein for a writ of prohibition restraining the Hon. Joseph Smith, judge of the seventh judicial circuit, and William Smith from any further proceedings upon certain orders of the county court of Mason county.

G. Rader and others were plaintiffs, and Christopher A. Neal and others were defendants, allowed on the petition of Cyrus H. McClung and others. Hon Homer A. Holt, judge of the'eighth judicial circuit, rendered the decree, appealed from.

H. Lockwood and others were defendants, allowed on on the petition of 'said defendants. Hon. G. L. Cranmer, Judge of the Municipal court of Wheeling, rendered the judgment appealed from.

, was plaintiff, and John Ro-brecht and others were defendants, allowed on tbe petition of said Robrecht. Hon. G. L. Cranmer, judge of the municipal court of Wheeling, rendered the decree complained of.

Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from.

N. Campbell, administrator d, b. n. e. t. a. was plaintiff, and John Rice and others were defendants, allowed on petition of said Campbell. Hon. Homer A. Holt, Judge of the eighth judicial circuit, rendered the decree appealed from. GreeN, PRESIDENT, furnishes the following statement of the case: William Milhollen made his will, January 19,-1837, and died shortly afterwards, leaving a widow, Eleanor Milhollen, but no children.

Carwile and James T. Carwile were defendants, granted on the petition of said plaintiffs. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree complained of.

were plaintiffs, and Christian Schlosser and others were defendants,’granted’on the petition of said Schlosser. Hon. G. L. Cranmer, Judge of the municipal court of Wheeling, rendered the decree appealed from. Moore, Judge, furnishes the following statement of the case: The plaintiffs filed in the municipal court of Wheeling a bill in Chancery against the defendant, to enforce a judgment lien.

Holt was plaintiff, and Layton Williams and others were defendants granted on petition of said Holt. Hon. Joseph Smith, Judge of the Seventh Judicial Circuit,tendered the decree appealed from.

Supersedeas to a judgment oí the municipal court of 'Wheeling, rendered on the 21st day of March, 1877, in an action in assumpsit, in said court then pending, in which George ICern was plaintiff and F. E. Zeigler was defendant, allowed on the petition of said Zeigler. Hon. G. L. Cranmer, Judge of the municipal court of Wheeling, rendered the judgment complained of.

' Appeal from, and supersedeas to, a decree of the circuit court of Kanawha county, rendered on the 1st day of December, 1876, in a… Held: that “the petitioner, Wm. S. Clark, was not entitled to the benefit of the judgment, described in the petition * * * * * ; but that said judgment by valid agreement from Wolcott & Everett, is the property of the defendant, William H. Hogeman, who is entitled to collect the proceeds thereof in this suit, or otherwise, as his property.

Beard was plaintiff, and Matthew Arbuckle and others were defendants, allowed on the petition ol said Matthew Arbuckle. Hon. Homer A. Holt, Judge of the Eighth Judicial Circuit, rendered the decree complained of. . The case is insufficiently stated in the opinion of the Court. cited the following authorities: 19 Gratt. 458; 12 W. Ya. 611; 27 Cratt. 740 and cases there cited; 19 Wend. 79. cited the following authorities : 9 W. Ya. 695, 700; 5 Cal. 149; 22 Iowa 230; 11 La.

and ' others were plaintiffs, and Allen M. Smith and others were defendants, allowed on the petition of W. A. Bradford, E. A. Bennett and John S. Bnrdett. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree complained of. The facts of the case are sufficiently stated in the opinion of the Court. relied on the following authorities: Borer on Jud. Sales §§1, 13,124, 128; 10 Leigh 317 ; 28 Gratt. 710; 11 Yes. Jr. 559; 13 Yes.

W. Z. Black was plaintiff, and C. F. Smith, and Edward Tearney, were defendants, allowed on the petition of said Black. Hon. John Blair Hoge, judge of the third judicial circuit, rendered the decree complained of. The facts of the case are fully stated in the opinion of the Court. relied on the following authorities: Code of W. Va. p. 609, § 6 ; 3 Story on Const. § 1803; 1 Overt.

were plaintiffs, and Thomas D. Baker and J ohn B. Upton were defendants, allowed upon the petition of said John B. Upton. Hon. James M. Jackson, judge of the fifth judicial I circuit, rendered the decree appealed from.

Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered the judgment appealed from.

<p>1.Tn expounding a will, tlie court will mate the amplest allowance lor unskillfulness and negligence of the testator; technical in-formalities will lie disregarded; the most perplexing complications of words and sentences will he carefully unfolded; and the traces of the testator’s intention will he diligently sought out in every part of the instrument; and the whole carefully weighed together.</p> <p>2.To aid in the true construction of the will, evidence may he received, and should he sought, of any facts known to the testator, which may reasonably he supposed to have influenced him in the disposition of his property, and of all the surrounding circumstances, at the time of making the will; hut if,. after resorting to all these means, the intention of the testator in a particular clause cannot he ascertained with reasonable certainty, conjecture ought not to he permitted to supply, what the testator has failed to indicate sufficiently ; and he must he regarded as dying intestate, as to such subject.</p> <p>3.Tf a hill seeks the judgment of the court, as to the meaning of the testator in a particular sentence in a will, which is so con" nected with other portions of the will, that it cannot he construed without construing such other portions, all parties, interested in the construction of such other portions of the will, should ho made piarties to such suit, before any construction is placed upon it by the court.</p>

Writ o± error and supersedeas to a judgment ~of~the circuit court of Jefferson county, rendered on 13th clay of November, 1876, in an action of debt, in said court then pending, wherein the Baltimore and Ohio Railroad Company was plaintiff, and Jacob S. Jameson was defendant, awarded on time petition of said Jameson. flon. John Blair loge, judge of the third judicial circuit, rendered the judgment com1ilaiiied ol.

The county court of Monongalia county, on the 14th day of April, 1876, rendered a judgment against Samuel Thomas on an indictment for the unlawful soiling of spirituous liquors; whereupon he obtained a writ of error from the circuit court to said judgment, and the circuit court affirmed the same. This is a supersedeas, granted upon the petition of said Thomas, to the judgment of the said court, then rendered.

Writ of error to a judgment of the circuit court- of Ritchie county, rendered on the 26th day of October, 1877, upon the verdict of a jury finding B. S. Compton guilty of an offense, of which he stood indicted in said court. Hon. James Monroe Jackson, judge of the fifth judicial circuit, presided at the trial beloiv. The facts of the case are sufficiently stated in the opinion of the Court. cited the following authorities: 7 Cow. 166; Id. 535; 1 Murph. (N. C.) 213; Arelib.

The circuit court of Logan county, on the 25th clay of April, 1878, rendered judgment against James Newsom on an indictment against him for felony. This is a writ of error, granted on the petition of said Newsom to the judgment of said court then rendered. Hon. Evermont Ward, judge of the ninth judicial cir'cuit, rendered the judgment complained of. The facts of the case .sufficiently appear in the opinion of the Court. relied on the following authorities: 1 Bishop’s Crim.