Volume 16 — West Virginia Reports

Meredith and others were defendants, allowed upon the petition of said Meredith. Hon. R. Irvin, late judge of the sixth judicial circuit, rendered the decree appealed from. Green, President, furnishes the following statement of the case: Jonathan Furbee of the State of Delaware died about 1796 seized of a tract of land in Upshur county in this State, leaving two heirs, Nathaniel Furbee and Mary Furbee, who afterwards intermarried with Jonathan Jarrel, who died in 1833.

Newcomb and others were plaintiffs and F. F. Brooks and others were defendants, allowed upon the petition of said plaintiffs. Hon. J. Smith, judge of the seventh judicial circuit, rendered the decree appealed from.

Writ of error and supersedeas to a judgment of the circuit court of the county of Greenbrier rendered on the 13th day of June, 1876, in an action therein pending, in which the said Stuart, Buchanan & Co. were plaintiffs, and the said county of Greenbrier was defendant, allowed upon the petition of the said plaintiffs. Hon. H. A. Holt, judge of the eighth judicial circuit rendered the judgment complained of.

Quarrier and others were defendants, allowed upon the petition of said Burlew and P. W. Morgan, Charity Vance and George W. Hutton. Held: “It is, however, necessary, in order to constitute an estoppel by a former judgment that the precise point which is to create the estoppel should have been put in issue and decided, and this must appear from the record alone.” See note on page 264 of Starkie for reference to this decision. See also 3 Wendell, 28.

Reed and Mary C. Roper were plaintiffs and William L. Hedges and Edward Spaw orSpohr were defendants, granted upon the petition of said plaintiffs. Hon. J. B. Hoge, judge of the third judicial circuit, rendered the decrees appealed from.

G. Staunton and others were defendants, allowed upon the petition of said Worthington. Hon. Joseph Smith, judge of the seventh judicial circuit rendered the decree appealed from.

Writ of error and supersedeas to a judgment of the circuit court of the county of Wood, rendered on the 17th day of October, 1878, in an… Held: that it is proper for the court to exclude in such a case the plaintiff’s evidence from the consideration of the jury, where, considering the evidence in the most favorable light for the plaintiff as on a demurrer to the evidence by the defendant, the variance in material portions of the contract is manifest; but that the plaintiff…

Writ of error to an order of the circuit court of the county of Wayne, rendered on the 16th day of August, 1879, in a cause in said court then pending, wherein The Chesapeake & Ohio Railway Company was plaintiff and C. B. Hoard and others were defendants, allowed upon the petition of said company. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered, the order appealed from.

Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 11th day of January, 1876, in an action of trespass on the case, in said court then pending, wherein W. E. G. Gillison, trustee of Hattie Slack, was plaintiff, and the City of Charleston was defendant, allowed upon the petition of said city.

Writ of error and supersedeas to a judgment of the cir-court of the county of Cabell, rendered on the 30th day of March, 1878, in an action of trespass on the case, wherein George Sheff and Margaret S. Sheff, his wife, were plaintiffs, and the said The City of Huntington was defendant, allowed upon the petition of the said defendant. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the judgment complained of.

Writ of error to a judgment of the circuit court of the county of Ritchie, rendered on the 6th day of May, 1879, . in a case in said court then pending, in which James Taylor was plaintiff, and D. Boughner, Jr., and others were defendants, allowed upon the petition of the said defendants. Hon. J. M. Jackson, judge of the fifth judicial circuit, rendered the judgment complained of.

Lewis, Receiver, was plaintiff, and J. H. Rosier, Sheriff, and another were defendants, allowed upon the appeal of Jesse H. Grogan. Hon. J. Smith, judge of the seventh judicial circuit, rendered the decree appealed from.

Writ of error to a judgment of the circuit court' of the county of Fayette rendered on the 6th day of April, 1878, in an action in said court then pending, wherein Lorenzo Dequasie was plaintiff and Henry J. Harris was defendant, allowed upon the petition of said De-quasie. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the judgment complained of.

Writ of error to a judgment of the circuit court of Cabell county, rendered on the 15th day of December, 1876, reversing and setting aside a judgment of the county court of said county, rendered on the 5th day of February, 1875, wherein the Central Land Company of West Virginia was plaintiff, and F. J. Calhoun, Thomas H. Harvey and W. H. Harvey were defendants, allowed on the petition of the said Central Land Company of West Virginia.

F* Renick and others were plaintiffs and Samuel C. Lud-ington was defendant, and in the second of which D. J. Ford & Son and others were plaintiffs andB. F. Renick and others were defendants, allowed upon the petition of James F. Patton. Hon. H. A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.

Writ of error and supersedeas to a judgment of the circuit court of the county of Wood, rendered on the 10th day of April, 1878, in an action on the case in said court then pending, wherein Romania Johnson was plaintiff, and the city of Parkersburg was defendant, allowed upon the petition of said defendant. Hon. J. M. Jackson, judge of the fifth judicial circuit, rendered the judgment complained of. Johnson, Judge, furnishes the following statement of the Case ? .

Brown were plaintiffs, and B. F. Moore and others were defendants, allowed upon the petition of said Moore.

a judgment of the circuit court o,f the county of Kanawha* rendered o,n the 12th day of December, 1876, in a cause in chancery in S£dd court then pending, wherein Merriman M. Lawrence and others were plaintiffs and Henry A. DuBois and others were defendants, allowed upon the petition of Merriman M. Lawrence and Charles K. Lawrence. 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 the county of Mason, rendered on the 16th day of April, 1878, in an action of covenant in said court then pending, wherein the Supervisors of Jackson ' county were plaintiffs and George K. Leonard and others were defendants, allowed upon the petition of said defendants. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of.

W. Petty was plaintiff, and E. D. Fogle and others were defendants, allowed upon the petition of said Petty. Pión. J. 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 23d day of September, 1875, in an action of assumpsit in said court then pending, wherein D. F. Phelps and G. F. Pound, partners, were plaintiffs, and A. E. Smith and Arthur M. Teece, partners, 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.

Charles S. Lewis, judge of the second judicial circuit made the orders appealed from. Held: the orators are not personally or properly informed, but from information derived from others, the orators believe and so charge that said elections were in fact irregularly, improperly and unlawfully.held and conducted.

Morrall, Spencer Dayton, James T. Hartman and Elam D. Talbott were defendants, allowed upon the petition of said Morrall. Hon. T. W. Harrison, judge of the sixth judicial circuit, rendered the decree appealed from. Haymond, Judge, furnishes the following statement of the case: On the 25th day of June, 1866, the plaintiff commenced its suit against the defendants on the equity side of the circuit court of the county of Barbour..

Writ of error and supersedeas to a judgment of the circuit court of the county of Brooke, rendered on the 25th day of September,-1873, in an action at law in said court then pending, in which The First National Bank of Wellsburg was plaintiffj and Campbell Kimberland and Henry Kimberland were defendants, allowed upon the petition of said bank. Hon. T. Melvin, judge of the first judicial circuit, rendered the judgment complained of.

Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.

Jones and others were defendants, allowed upon the petition of the said Jones. Hon. Charles S. Lewis, late judge of the second judicial circuit renders the decree appealed from. Green, President, furnishes the following statement of the case: Floyd Neely, Adam, J. Gain, John Sherwood and Joseph Jeffrey in April, 1858, filed their bill in the circuit court of Doddridge county against Thomas S. Jones and Silas Cain.

H. Lockwood was plaintiff and R. C. Holliday, trustee, and others were defendants, allowed upon the petition of said Lockwood. Hon. T. Melvin, judge of the first judicial circuit, rendered the decrees appealed from.

Supersedeas to an order of the municipal court of Wheeling rendered on the 27th day of December, 1877, in an action of assumpsit, in said court then pending, wherein Matthew Barber was plaintiff and The Fire and Marine Insurance Company of Wheeling was defendant, allowed upon the petition of said defendant. Hon. Gibson L. Cranmer, judge of the municipal court of Wheeling, rendered the order complained of.

R. McCown, J. R. Donehoo and John Jenkins were defendants, allowed upon the petition of said Richardson, Hon. Thayer Melvin,judge of the first judicial circuit, rendered the decree appealed from.

Whitteker was plaintiff and The Charleston Gas Company was defendant, allowed on the petition of the said defendant. Hon. J. Smith, judge of the seventh judicial circuit, rendered the decrees appealed from. • Moore, Judge, furnishes the following statement of the case: Henry T. Whitteker instituted a suit in chancery in the circuit court of Kanawha county, and filed his bill an(J exhibits at rules, October-, 1876.

Allen and others were defendants, allowed upon.the petition of Robert W. Cos. Hon. Gibson L. Cranmer, judge of the municipal court of Wheeling, rendered the decrees appealed from.

The circuit court of Wood county on the 23d day of March, 1880, rendered a judgment against William Conkle alias William Swank, on an indictment for felony. To this judgment a writ, of error and supersedeas were allowed upon the petition of said defendant. Hon. J. M. Jackson, judge of the fifth judicial circuit, rendered the judgment complained of.

Writ of error to a judgment of the circuit court of the county of Wyoming, rendered on the 7th day of May, 1879, in a criminal action for misdemeanor, wherein Boyd E. Lusk was defendant, allowed upon the petition of said Lusk. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the judgment complained of.

Writ of error to a judgment of the circuit court of Jefferson county, rendered on the 24th day of October, 1878, in an action at law, in which Ramsburg, Koogle 6 Co., were plaintiff's and Christopher Erb was defendant, allowed upon the petition of Theodore A. Erb. Hon. John Blair Hoge, late judge of the third judicial circuit, rendered the judgment complained of. The facts of the case appear in the opinion of the Court. cited the following authorities: Blowy.

Writ of error to a judgment of the circuit court oí the county of Jefferson, rendered on the 1st day ot November, 1877, in an action at law in said court then pending, wherein Ramsburg, Miller & Co. were plaintiffs, and Christopher Erb was defendant, allowed upon the petition of Theodore A. Erb, trustee, and others. Hon. John Blair IToge, late judge of the second judicial circuit, rendered the judgment complained of.

Hon. Thomas W. Harrison, late judge .of the sisth judicial circuit, rendered the decree appealed from. The facts of the ease are fully stated in the opinion ot the court. cited the following authorities: 5 Paige 539; 6 Paige 584; Story Eq. PI. § 154; 2 Gratt. 394; 10 Wall. 302 ; 56 N. Y. 214 ; 29 Barb. 156; 36 N. Y. 520; 12 Peck 126; 22 How. 270; 13 Pet. 309 ; 2 Cush. 462; 11 Cush. 352; 2 Gratt. 387. relied on the following authorities: 4 Rand. 208; Story Eq.

A rule to the said defendants to show cause, if any they have, why they and each of them should not be punished for contempt of this Court: Greejst, President, furnishes the following statement of the case: James M. Mason owned a ferry across the Shenandoah river at Harper’s Ferry, West Virginia, it having been established by an order of the county court of Jefferson county made March 22, 1878.