Volume 14 — West Virginia Reports

Boyd & Co. were plaintifls, and Austin Gunnison & Co. wore defendants, granted on the petition of said defendants., Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the judgment appealed from. Johnson, Judge, furnishes the following statement of the ease: At July rules, 1868, the plaintiffs filed their bill, in the circuit court of Wood county, against the defendants, setting up a contract for the sale of oil, and a breach thereof.

Appeal-from and mqwtiedeas to a decree of the circuit court of Wood county, rendered on the 23d day March 1878, in a suit in chancery in said , court then pending, wherein Benjamin F. Mitchell was plaintiff, and William A. Chancellor and William P. Thompson were defendants, granted on petition of said Mitchell. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered the decree appealed from.

Supersedeas to a judgment of the circuit court of Ohio county, rendered on the 20th day of August, 1874, in an . action of assumpsit, in said court then pending, wherein Robert Smiley was plaintiff and the Citizens’ Fire,'Marine and Life Insurance Company of Wheeling was defendant, granted on the petition of said Smiley. . Hon. Thayer Melvin, judge of the first judicial circuit rendered the judgment complained of.

Supersedeas to a judgment of the circuit court of ” Kanawha county, rendered on the 15th day of December, 1875, on a writ o± error and supersedeas from a judgment of the county court of said county in a case, in which A. H. Beach was plaintiff and P. O’Riley and others were defendants, awarded on petition of said Beach. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of.

Tolley. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from. Green, President, furnishes the following statement af the case: In February, 1876, George White brought a chancery suit in the county court of Greenbrier county against Joseph Perry, Lewis Tolly, David Watts and Lowery & Holly.

Supersedeas to a judgment of the circuit court oí Wirt county rendered on the 5tli day of June, 1877, in an action of assumpsit in said court then pending, wherein Mary E. Owens was plaintiff, and J. A.. Owens administrator, &c., was defendant, granted on the petition of said J. A. Owens. Hon. James Monroe Jackson, judge of fifth judicial circuit, rendered the judgment complained of.

Dinges and others were plaintiffs, and Joseph F. Branson and Lionel F. Branson were defendants, awarded on the petition of said plaintiffs. Hon. John Blair Hoge, judge of the third judicial circuit, rendered the decree appealed from. Johnson, Judge, furnishes the following statement of the case: On the 21st of July, 1862, William Branson of Hardy county died intestate, leaving the plaintiffs and defendants, his heirs at law.

Potterfiold administrator of John W. Campbell, deceased, was plaintiff, and N. S. White, trustee and others were defendants, and in the other of which O. So Jannoy and others were plaintiff? and John H. Campbell’s administrator was defendant, and also from a decree entered in said causes on the 17th day of November, 1875, allowed on the petition oí O. S. Jannoy and others.

Supersedeas to a judgment of the circuit court of Harrison county, rendered on the 10th day of June, 1876, in an action at law in said court then pending, in which George M. Wickes and Julius C. Wickes were plaintiffs, and the Baltimore & Ohio JR. R. Co. was defendant, allowed on the petition of the said defendant. Hon. Charles S. Lewis, latojudgeof the second judicial circuit, rendered the judgment complained of.

Supersedeas to a judgment of the circuit court of Mineral county, rendered on the 18th day of May, 1876, in am acfcioii therein pending, in which Thomas Maslin was plaintiff and the Baltimore ami Ohio Railroad Company was defendant, allowed on the petition of the defendant. Hon. John Blair Hoge,judge of the third judicial cir- . cuit, rendered the judgment complained of.

.Appeal'from and supersedeas to a decree of the circuit ooart of Kanawha county, rendered on the 13th day of June, 1876, in a cause in chancery in said court then pending, wherein Levi J. Woodyard was plaintiff, and Daniel Polsley, administrator, and bthors were defendants, awarded on the petitions of James M. Laidley and Daniel Polsley. Hon. Joseph Smith,-judge, of the seventh judicial circuit., rendered the decree appealed from.

This was an application to the Supreme Court of Appeals by Rezin Davis for a mandamus to the judge of the circuit court of Wood county to compel him to appoint a commissioner to execute a deed. The facts of the case sufficiently appear in the opinion of the court. cites the following authorities : Acts of 1872-3, ch. 117,8 22; 10 Gratt. 421; Code, oh. 21, § 19; 7 W. Va. 114; Acts 1872-3, ch. 117, §8 20, -26, 27; High Extra. Log.

Johnston was plaintiff, and James Jarrett and others were defendants, allowed on the petition of said Johnston. lion. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.

Tracy was plaintiff, and Edward G. Tracy and others were defendants, granted on the petition of said Noland J. Tracy. Hon. Evermout Ward, judge of the ninth judicial circuit, rendered the decree appealed from.

C. Boggs and others ■ wore defendants, granted and allowed on the petition of said If. C. Boggs. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. •Moore, Judge, furnishes the following statement of the case : Upon an appeal from the decree rendered August 2 . 1875, by the circuit court of Wood county.

Burley was plaintiff, and George W. Weller and another were defendants, granted on the petition of the said Burley. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decree appealed from. The facts of the case sufficiently appear in the opinion of the court. relied on the following authorities: Story’s EcpPl. §§473, 474; Code, oh. 130, §23; Code ch. 74, §§5, 8, 10; 4 Eand. 212; 2 Lom. Dig. 489; 44 Cal. 335; 12 Gratt. 325; 44 Mo. 309; 11 Gratt. 321, 225.

Supersedeas to a judgment of the circuit court of Barbour county, rendered on the 19th day oí November, 1875, in an action of debt, in said court then pending, wherein James W. Cordér was plaintiff, and Elam D. Talbott was defendant, granted on petition of said Tal-bott. Mon. John Brannon, judge of the sixth judicial circuil irmdered the judgment complained of.

Writ of error to a judgment of the circuit court of Harrison county, rendered on the 4th day of December, 1878, in an action in said court then pending, wherein George R. Tingle and William R. Isham were' plaintiffs, and Janies E. Brison was defendant, awarded ou the petition of the said Brison. Hon. C. S. Lewis, late judge of the second judicial circuit, rendered the judgment complained of.

Toothman and others were plaintiffs, and Samuel Barrett and others were defendants, granted on the petition of Thornton F. Toothman, Sallio Toothman, Benjamin Walker Jr. and Matilda Walker. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. GreeN, PRESIDENT, furnishes the following statement of the case.

& Co. and others were plaintiffs and Jacob Fream, Abby Fream and others were defendants, granted on the petition of the said Abby Fream. Hon. John Brannon, judge of the sixth judicial circuit, pronounced the decrees appealed from.

Coatney, administrator of the estate of Daniel H. Arm-entrout, deceased, was plaintiff, and Cyrus Hopkins and others were defendants, allowed on the petition of said Coatney. Hon. J. T. Hoke, late judge of the fourth judicial circuit, pronounced the decree appealed from.

F. Benick was plaintiff and S. C. Ludington and others were defendants, allowed on the petition of the said defendants. Hon. Homer A. Holt, judge of the eighth judicial circuit, pronounced the decrees appealed from.

of November, 1875, in a cause in said court then pending wherein John G. Scotland others were plaintiffs, and Francis H. Ludington and others were defendants, allowed on the petition of said Ludington. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.

Warden and others were defendants, granted on the petition of said Thomas and David J. Warden. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the decree appealed from. Joi-iNSON, Judge, furnishes the following statement of the ease.

Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decree appealed from.. GREEN, PRESIDENT, flUTlisheS the following St-ate-mOllt of the CflSG. On January 10, 1799, the Legislature of the State of Virginia passed an act, whereby certain gentlemen were incorporated by the name of the “Trustees of Brooke Academy.” See Henning’s Statutes at Large, Continued, vol. 2d, p. 169, ch. 42.

McClure, was plaintiff, and Jacob F. Johnson and others-were defendants, awarded on the petition of said Johnson. Hon. J. T. Hoke, late judge of the fourth judicial circuit, rendered the decree appealed from.

Hon. John Blair Hoge, judge of ihe third judicial circuit, rendered the decree appealed from. The facts of the case appear in the opinion of the court. cited the following authorities: Shep. Tonch. 401; 1 Redf. Wills (2d ed.) 170, 171 and n 22 ; 2 Phillim. 180; 4 Gratt. 277; 2 Leigh 262; 26 Gratt. 476 ; Williams, Ex’rs 60, n l; 1 Curtis 9; 1 Hag. 25 ; 1 Gratt. 83; 1 Redf. Wills 425, 426 and n.; 5 Leigh 237, 239, 242; 6 Munf. 386 ; 12 Gratt. 205, 206; 1 Chit. Bl.

Writ of error and supersedeas to a judgment of the circuit court of Kanawha county, rendered on the 10th day of June, 1876, in an action in ejectment in said court then pending, wherein William A. Jones and others were plaintiffs, and the Chesapeake and Ohio Bail-road Company was defendant, awarded on the petition of said plaintiff. Hon. Jos. Smith, judge of the seventh judicial circuit, rendered the judgment appealed from.

Supersedeas to a judgment of the circuit court of Gil-mer county, rendered on the 16th day of March, 1877, affirming a judgment -of the county court of said county rendered on the 12th day of August, 1875, in an action of debt in said court then pending, wherein Jackson, Wiant & Co. were’plaintiffs and C. B. Conrad and others were defendants, allowed on the petition of said defendants. Hon. John Brannon, judge of thesixth judicial circuit, rendered the judgment complained of.

P. McCarty and Elam Pigott were plaintiffs, and S. H. Chalfant and John Chalfant were defendants, allowed on petition of said John Chalfant. Hon. C. S. Lewis, late judge of the second judicial circuit rendered the decree appealed from. The facts of the case fully appear in the opinion of the Court. relied on the following, authorities : 5 W. Ya. 50; 6 W. Ya. 153; 9 Gratt. 294; 9 Gratt. 309; 7 Cranch 34; 23 How. 14; 3 Bro.

Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree complained of. GreeN, PRESIDENT, furnishes the following statement of the case: N In July, 1868, John Hudson, Joseph Hudson, Enoch Hudson and Matthew Hudson, the appellants, brought a suit in chancery in the circuit court of Kanawha county against.

Smith were plaintiffs, and the president, directors and company of the Bank of Virginia and others were defendants, taken by the said president, directors and company of the Bank of Virginia. Held: lent the sum in their hands $30,062.91 to the plaintiffs, Hall and Smith, on November 7, 1866. They also report their failure to make sale of the lot in Charleston after several ineffectual efforts to sell the same.

Vinal was defendant, and said Vinal was plaintiff in a cross-bill, and same company, &e., were defendants, allowed on the petition of said West Virginia Oil and Oil Land Company. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. The facts fully appear in the opinion oí the Court : cited the following authorities : 3 Dan. Ch. Pr. 1647,1649,1652; 2 Rob. (old) Pr. 318; 7 Johns, Ch. 252; 4 Johns.

Moore was plaintiff, and William Douglass and S. Woodward were defendants allowed on the petition of said defendants. Hon. George Loomis, formerly judge of the circuit court of Wood- county, rendered the judgment appealed from.

were plaintiffs, and Hewitt, Kerchival & Co. and others were defendants, allowed on the petition of said plaintiffs. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from. The facts of the case are fully stated'in the opinion of the Court: cited the following ’ r r 7 thorities: Story Partn. §§152, 153; Collyer 4th Am. ed., B. 3 ch. 3, §3, ¶520 et seq.; Story Eq.

M. Smith. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the judgment appealed from.

Lorentz and others were plaintiffs, and Mifflin Lorentz executor of Jacob Lorentz, deceased, and others were defendants, allowed on the petition of said Perry Lorentz, and others, plaintiffs below. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.

Machir ivas plaintiff, and C. Sehon, sheriff of Mason county and administrator of the estate of Joseph S. Machir, and Harriet Machir and John W. English were defendants, allowed on the petition of said Harriet Machir. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment appealed from.

Writ of error from a judgment of the circuit court of Kanawha county, rendered on the 13tb day of June, 1878- in an action of unlawful detainer in said Court then pending, wherein the Board of Education of Union District of Kanawha county was plaintiff, and Henry Crawford was defendant, allowed on the petition of said Crawford.

Lorentz was plaintiff, and Mifflin Lorentz and others were defendants, granted on the petition of said plaintiff. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.

A writ of error to a judgment of the circuit court of Greenbrier county, rendered on the 5th day of November, 1874, in an action of debt in said court then pending, in which the president, directors and company of the Bank of Virginia were plaintiffs for the use of Isaacs, Taylor & Williams, and B. F. Handley and Harvey Handley were defendants, allowed on the petition of said Isaacs, Taylor & Williams.

The circuit court of Harrison county, on the 10th day of June, 1878, rendered judgment against Theodore S-Goodrich on an indictment against him for bigamy. This is a writ of error, granted on the petition of said Goodrich, to the judgment of said court then rendered, Hon. A. B. Fleming, judge of the second judicial circuit, rendered the judgment complained of.

Sarah Jane Williams was convicted of the murder of Jemima Green and sentenced to confinement in the penitentiary for life by the circuit court of Braxton county, on the 20th day of March, 1867. From this judgment of the circuit court a writ of error was awarded said Williams to this Court. Joseph M. McWhorter, Esq., as special judge presided at the trial of the case in the court below, and rendered the judgment appealed from.