Volume 15 — West Virginia Reports

supersedeas to a debrec of the circuit court of Greenbrier county, rendered on the 31st day of October 1877, in a cause in said court then pending, in which Tinsley Brown was plaintiff, and O. C. Martin and others were defendants, granted on the petition of said Martin. Hon. Homer A. Holt, judge of the eighth j udicial circuit, rendered the decree appealed from. The facts of the case are fully stated in the opinion of the Court. relied on the following, authorities : 2 Rob.

J. Warren and others were plaintiffs, and Thomas Branch and others were defendants, granted on the petition of said Warren. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.

Smith and others were defendants, allowed on the petition of said defendants. Hon. Homer A. Holt, judge'of the eighth judicial circuit, rendered the order and decree complained of.

A supersedeas to a judgment of the circuit court of Monroe county rendered on the 17th day of October, 1877 in an action of debt in said court then pending, wherein David Keller’s administrator was plaintiff and David M. Rifle and Thomas McHuffman were defendants, allowed on the petition of said Rifle. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the judgment complained of.

■ Appeal from and supersedeas to a decree of the circuit court of Kanawha county, rendered on the 15th day of June, 1878, in a cause in said court then pending, wherein A. S. Hatch was plaintiff and Catherine Calvert and others were defendants, allowed on the petition of said, defendants. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from.

A writ of error and swpersedeas to a judgment of the circuit court of Mason county, rendered on the 18th day of October, 1876, in an action in said court then pending wherein J. M». Choen was plaintiff, and F. A. Guthrie and others were defendants, granted on the petition of said' Choen. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment appealed from.

Writ of error and supersedeas to a judgment of the circuit court of Putnam county-, rendered on the 2d day of May, 1877, in an action in said court then pending, in which The State of West Virginia for the use of John W. Lanham was plaintiff and George Harmon and others were defendants, granted upon the petition of said plaintiff. Hon Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of.

Writ of error and supersedeas to a judgment of the circuit court of Kanawba county, rendered on the 27th day of June, 1878, in an action in said court then pending, wherein James F. Brown was plaintiff and A. P. Gates,treasurer &c, was defendant, allowed upon the petition of said Brown.

Writ of error and supersedeas to a judgment of the circuit court of Greenbrier county, rendered on the 25th day of June, 1877, in an action in said court then pending, wherein John W. Collins was plaintiff and James Mann and Tobias Mann were defendants, allowed upon the petition of said Collins. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the judgment complained of.

A writ of error to a judgment of the circuit court of Taylor county, rendered on the 14th day of May, 1877, in an action in said court then pending, wherein Adol- . phus Armstrong and others were plaintiffs and The county-court of Taylor county was defendant, granted on the petition of said plaintiffs. Hon. Charles S. Lewis, late judge of the second judicial circuit, rendered the judgment complained of.

An appeal from two decrees of the circuit court of Jefferson county, rendered, one on the 15th day of November, 1876, and the other on the 24th day of April, 1877, in a cause in said court then pending, wherein William Gracey and John Gracey were plaintiffs, and Joseph Myers’s administratrix and others were defendants, lowed on the petition of John Myers. Hon. John tBlair Hoge, judge of the seventh judicial circuit, rendered the decrees appealed form.

Writ of error and supersedeas to a judgment of the circuit court of Ohio county, rendered. on the 14th day of July, 1877, in a suit at law in said court then pending, in which Mary A. Curran was plaintiff and Thomas F. Owens was defendant, awarded on the petition of said Owens. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the judgment complained of.

Writ of error and supersedeas to the judgment of-the circuit court of Kanawha county rendered on the 20th day of December, 1878, in a proceeding on a writ of certiorari in said court then pending, wherein John Dryden was plaintiff and Thomas Swinburn was defendant, awarded on the petition of the said Swinburn. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of.

Writ of error and supersedeas to ajudgment of the circuit court of the county of Greenbrier, rendered on the 20th day of April, 1875, in an action of debt in said court then pending, wherein Wm. Bowyer was plaintiff and Gamaliel Knapp and Obadiah C. Martin were defendants, allowed upon the petition óf said Bowyer. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the judgment complained of.

Nease and others were plaintiffs and J. Cape-hart, executor, and others were defendants, allowed upon “ the petition of the said plaintiffs. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment appealed from. Johnson, Judge, furnishes the following statement of the case : About the year 1870, the original bill in this cause was filed in the circuit court of Mason county.

Writ of error and supersedeas to a judgment of the circuit court of PJeasants county, rendered on the 28th day of November, 1878, in a proceeding on a writ of certiorari, in said court then pending, wherein Oliver Gorrell was plaintiff, and William E. Bier was defendant, granted on the petition of said Gorrell. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the judgmentjcomplained of.

Two petitions for a rehearing by this Court, one by the Bank of Virginia and the other by T. H. Ludington and others, in two causes in one of which John Hall and B. H. Smith were plaintiffs, and the President, Directors and Company of the Bank of Virginia and others were defendants, and in tbe other of which B. F. Renick was plaintiff and S. C. Ludington and others were defendants. The facts of the case fully appear in the opinion of the Court.

Boggs was plaintiff, and Mary McCoy and others were defendants, granted on the petition of said Mary McCoy. Hon. Joseph Smith, judge, of the seventh judicial circuit, rendered the decree appealed from. GreeN, PRESIDENT, furnishes the following statement of the case: In August, 1875, James A. Boggs filed his bill in the circuit court of Roane county, against Mary McCoy, her husband George W. McCoy, and her trustee, William W. Noyes.

Clevenger, administratrix of Bailey Cleven-ger, deceased, was plaintiff and A. G. Dawson and Edward Davis were defendants, allowed upon the petition of said plaintiff. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from.

The circuit court of the county of Mineral on the 3cl clay of June, 1878, rendered a judgment against The Baltimore and Ohio Railroad Company for Sabbath-breaking. This is a writ of error, granted on the petition of said company to the judgment of said court then rendered. Hon. James D. Armstrong, judge of the fourth judicial circuit, rendered the judgment complained of.

the circuit court of the county of Harrison, rendered on the 22d day of January, 1876, in a cause in said court then pending, wherein Daniel Boughner was plaintiff, and The Trustees and Commonalty of the Town of Clarksburg and others were defendants, granted upon the petition of said Boughner. Hon. C. S. Lewis, late judge of the second judicial circuit, rendered the judgment appealed from.

Grantham was plaintiff and Daniel B. Lucas and others were defendants, allowed upon the petition of the said Grantham. Hon. John Blair Hoge, judge of the third judicial circuit, rendered the decree appealed from.

Knapp was plaintiff and John Snyder and others were defendants, allowed upon the petition of said Knapp. Hon; Homer A. Holt, judge of the eighth judicial circuit rendered the decree appealed from. Johnson, Judge, furnishes the following statement of the case: This is an appeal from a decree of the circuit court of Greenbrier county dissolving an injuntion and dismissing the plaintiff’s bill. The bill was filed at November rules, 1875.

Beckett and others were defendants, allowed upon petition of said Piercy. Hon. Homer A. Holt, judge of the eight judicial circuit, rendered the decree appealed from. JOHNSON, Judge, furnishes the following statement of the case: In August, 1868, George Piercy, executor of the last will and testament of John Piercy, Sr., deceased, filed bis bill in the circuit court of Greenbrier county, for tbc purpose of enforcing the lien of a trust-deed.

Writ of error and supersedeas to a judgment of the circuit court of the county of Jefferson rendered on the 21st day of April, 1879, in an action at law in. said-court then pending wherein The Baltimore & Ohio Railroad Company was plaintiff and Henry Bitner was defendant, allowed upon the petition of said Bitner. Hon. John Blair Hoge, judge of the third judicial circuit, rendered the judgment complained of.

Writ of error and supersedeas to a judgment oí the circuit court of the county of Jefferson, rendered on the 21st day of April, 1877, in an action at law in said court then pending, wherein The Baltimore and Ohio Railroad Company was plaintiff and John C. Bitner and others were defendants, allowed upon the petition of said Bitner. Hon. John Blair Hoge, judge of the third judicial circuit, rendered the judgment complained of.

, were plaintiffs, and W. H. Cheuvront & Co., and others were defendants, granted upon the petition of C. J. Stuart and W. H. Cheuvront. Hon. A. Brooks Fleming, judge of the second judicial circuit, made the orders appealed from. The facts of the case fully appear in the opinion of the Court. ' relied on the following authorities: Story Eq.

Petition by Tbomas Swinburn for a writ of prohibition to prohibit the circuit court of the county of Ka-nawha from proceeding in two certain cases in said court then pending, in one of which Thomas Swinburn was plaintiff and Joseph Smith, Judge, and John Dryden were defendants, and in the other of which Thomas Swinburn was plaintiff and Joseph Smith, Judge, and V, E. G. Gillison were defendants.

C. Martin and John L. Gilbert were plaintiffs and Zachariah P. Rexroad and others were defendants, allowed upon the petition of said Rexroad. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. Johnson, Judge, furnishes the following statement of the case: The plaintiffs, as late partners under the firm name of Martin & Gilbert, filed their bill in the circuit court of Ritchie county at January rules, 1877.

Writ of error to a judgment of the circuit court of the county of Kanawha, rendered on the 22d day of December, 1877, in an action in said court then pending, wherein The State of West Virginia was plaintiff and .Isaac A. Wade and others were defendants, allowed on the petition of the plaintiff. Hon. Homer A. Holt, judge of the eighth judicial circuit rendered the judgment complained of.

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

• Hon. James W. Hoge, late judge of the seventh judicial circuit, rendered the decree appealed from. MooRE, Judge, furnishes the following statement of the case: At the sale of certain lands belonging to the estate of Andrew Parks deceased, by Charles Hedrick, James II, Nash and A. T. Laidley commissioners appointed for that purpose by an order of the circuit court of Kan-awha county, made in the cause of Thompson 0.

Camden and others were plaintiffs, and William Harris and others were defendants, allowed upon the petition of A. S. Core. Hon. Robert S. Brown, late judge of the circuit court for Gilmer county, rendered the judgment appealed from.

Troll and others were plaintiffs and Emma B. Carter and others were defendants, allowed upon the petition of said plaintiffs. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decree appealed from. GreeN, PRESIDENT, furnishes the following statement of the case: This is a controversy about the equitable ownership of a farm in Ohio county, of about one hundred and eight acres, known as the Carrol farm.

Writ of error and supersedeas to a judgment of the municipal court of Wheeling, rendered on the 30th day of May, 1877, in an action of debt in said court then pending, wherein The State oí West Virginia for use of William Crumbacker was plaintiff, and Charles W. Sea-bright was defendant, allowed upon the petition of said Seabright. Hon. Gibson L. Cranmer, judge of the municipal court of Wheeling, rendered the judgment complained of.

Moore’s administrator and others were defendants, allowed upon the petition of the said Alford. Hon. Evermont Ward, judge of the ninth judicial circuit rendered the decree appealed from.

Writ of error and supersedeas to a judgment of the circuit court of the county of Harrison, rendered on the 28th day of June, 1878, in an action of debt in said court then pending, wherein Patrick Mahany was plaintiff, and John A. Kephart and The Baltimore & Ohio Railroad Company were defendants, allowed upon the petition of the said defendants. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the judgment complained of.

Writ of error and supersedeas to a judgment of the circuit court of the county of Marion, rendered on the 7th day of May, 1878, in an action of trespass on the case in said court then pending, wherein James Hawker, Jr., was plaintiff, and The Baltimore & Ohio Railroad Company was defendant, allowed upon the petition-of said defendant. Hon. John Blair Hoge, judge of the third judicial circuit, rendered the judgment complained of.

Zane, and Daniel F. Zane were plaintiffs, and C. Leander Zane and others were defendants, allowed upon the petition of said plaintiffs. Hon. Thayer Melvin-, judge of the first judicial circuit, rendered the decree appealed from. JóHNSON, Judge, furnishes the following statement of the case : . At the March rules, 1878, of the circuit court of Ohio county, the plaintiffs filed their bill against C. L. Zane, Indiana McSwords, and others, heirs at law of Daniel Zane, deceased.

Writ of error and supersedeas to a judgment of the n^unicipal court of Wheeling, rendered on the 19th day of December, 1877, wherein William S. Goshorn was plaintiff, and Thomas E. Steward and others were defendants, allowed upon the petition of said defendants. Hon. Gibson L. Cranmer, judge of the municipal court of Wheeling, rendered the judgment complained of.

, was plaintiff, and J. M. Cooper, trustee, and othere were defendants, allowed upon the petition of said George. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decree appealed from. .

M. Ambler, trustee, was plaintiff, and Thompson Leach and others were defendants, allowed upon the petition of said Ambler. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. .

Supersedeas to a judgment of the circuit court of the county of Putnam, rendered on the 28th day of October, 1875, in an action in said court then pending, wherein Eichard Byrnside was plaintiff and Powell Burdett was defendant, allowed upon the petition of said Byrnside. Hon. Joseph Smith, judge of the seventh judicial circuit rendered the judgment appealed from.

Wallace and William H. Wallace, executors of the last will of Henry Wallace, deceased, were plaintiffs and Frank M. Wallace and others were defendants, allowed upon the petition of said plaintiffs. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decree appealed from.

Bradford and others were plaintiffs, and John McCohihay and others were defendants, allowed upon the petition of said plaintiffs. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from.

Writ of error and supersedeas to an order of the municipal court of Wheeling, rendered on the 10th day of June, 1878, in an action in said court then pending wherein Casper Aumann was plaintiff and George Q. Black was defendant, allowed upon the petition of said Black. Hon. G. L. Cranmér, judge of the municipal court of Wheeling, rendered the order complained of.

G. Schilling, administrator, was plaintiff and Hiram Short was defendant, allowed upon the petition of said Short. 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 authorities: 1 Fon. 113, and cases there cited; Pomeroy on Contracts, §§267-270; 11 W. Va. 562. cited the following authorities : 3 W. Ya. 70; 1 Munf. 330.

in S. Edward Clark was plaintiff and Lewis L. Johnston and others were defendants, allowed upon the petition of said Johnston. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from.

Writ of error and supersedeas to a judgment of the municipal court of Wheeling, rendered on the 17th day of June, 1878, in an action of assumpsit in said court then pending, in which C. P. Brown was plaintiff and The Adams Express Company was defendant, allowed upon the petition, of said defendant. Hon. G. L. Cranmer, judge of the municipal court of Wheeling,rendered the judgment complained of.

An appeal from and supersedeas to a decree of the municipal court of Wheeling, rendered on the 26th day of June, 1878, in a cause in said court then pending, wherein Selig Weinberg was plaintiff and John F. Rempe and others were defendants, allowed upon the petition of Frederick Nolte. Hon. Gibson L. Cramner, judge of the municipal court of Wheeling, rendered the decree appealed from.

B. Curry was plaintiff and J. P. Hale and others were defendants, allowed upon petition of A. G. Kichey and G. A. Perdicaris. Held: as they aver. They also aver that there were other claims to interests in said land. They aver that the only inducement they had to purchase an interest in said property, was its value as coal land.