Volume 17 — West Virginia Reports

Writ of error and -supersedeas toa judgment of the circuit court of the county of Monongalia rendered on the 21st day of September, 1877, in an action of ejectment in said court then pending, wherein… Held: when the cause was formerly before it, that the court did not err in so admitting them. See 3 W. Ya. 455.

sedeas to a decree of the circuit court of the county of Monongalia, reudered ou the 22d of September, 1876, in a cause ía said court then pend-iug, wherein Catharine R. Ralphsuyder was plaintiff, and Alpha and William Ralphsnyder were defendants, allowed upon the petition of the said defendants.

Torreyson and others were defendants, allowed upon the petition of said defendants. Held: provides in these words, to wit: ‘ But in case the general conference of said church shall make such change in the discipline or constitution of said church at any time hereafter as shall render it necessary or expedient for the annual conference, in the bounds of which said lots are situated, to separate from said general…

Custer and others were plaintiffs, and John P. Custer and others were defendants, allowed upon the petition of said plaintiffs. Hon. J. M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from.

Allen ,was plaintiff, and Jacob Yeater was defendant, allowed upon the petition of said Yeater. Hon. C. S. Lewis, late judge of the second judicial circuit, rendered the decree appealed from.

B. Devendorf was plaintift, and The West Virginia Oil and Oil Land Company and others were defendants, allowed upon the petition of said company. Hon. J. M. Jackson, judge of the fifth judicial circuit, rendered the judgment appealed from.

Writ of error and .supersedeas to a judgment of the circuit court of the county of Harrison, rendered on the 6th clay of December, 1878, affirming an order of the county court of said county in the matter of a petition of certain citizens of said county to establish a road, granted upon the petition of John G-. Co~man and others. Hon A. Brooks 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 Jefferson, rendered on the 28th day of March, 1878, in an'action at law, in which Ella B. Washington was plaintiff and The B. & O. B. B. Co. was defendant, allowed upon the petition of said company. Hon. John Blair Hoge, late judge of the third judicial circuit, rendered the judgment complained of.

Writ of error from a judgment of the circuit court of the county of Ritchie, rendered on the 22d day of March, 18ö9, in an action of ejectment in said court then pending, in which George Smith, ti ustee, &c., of John loge, deceased, was plaintiff and Timothy Tharpe and others were defendants, granted upon the petition of said Smith. Hon. M. Edmiston, late Judge of the circuit court of Ritchie county, rendered the judgment complained of.

Delaplain & Son were plaintiffs and Jasper N. Wilkinson & Co. and others were defendants, allowed upon the petition of Hurst, Purnell & Co. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the decree appealed from.

C Snyder was plaintiff and O. C. Martin and others were defendants, allowed upon the petition of said Snyder. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from. Johnson, Judge, furnishes the following statement of the case: In April, 1878, the plaintiff, Snyder, filed his bill for the enforcement of a judgment-lien against O. C. Martin and others in the circuit court of Greenbrier county.

A. Hansbarger and others were defendants, allowed upon the petition of R. J. Crebbs and H. M. Piles. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.

0. Parsons was plaintiff and J. L. Thorn-burg and others were defendants, allowed upon the petition of said Parsons. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the decree appealed from.

Mason was plaintiff, and The Harper’s Ferry Bridge Company and others were defendants, allowed upon the petition of said Mason. Hon. John Blair Hoge, late judge of the fourth judicial circuit, rendered the order appealed from.

Writ of error and supersedeas to a judgment of the circuit court of the county of Marshall, rendered on the 3d day of July, 1878, in a suit in said court then pending, wherein Jesse Lydick was plaintiff and the Baltimore and Ohio Railroad Co. was defendant, allowed upon the petition of said defendant. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the judgment complained of.

Writ of error and supersedeas to a judgment of the circuit court of the county of Wood, rendered on the 29th day of January, J879, in a suit at law, wherein the State of West Virginia for the use of The Board of Education of Volcano District «vas plaintiff, and W. J. Hill and others were defendants, allowed upon thepetition of said defendants. Hon. Gideon D. Camden, special judge, rendered the judgment complained of.

Berry and others were defendants, allowed upon the petition of said Berry. Hon. H. A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.

Harner was plaintiff and William Price, and George W. McVicker were defendants, allowed upon the petition of said Harner. Hon. Charles S. Lewis, latejudge of the second judicial circuit, rendered the judgment appealed from. RAYMOND, JUDGE, furnishes the following statement of thecase: This is a case upon bill of injunction.

Writ of error and supersedeas to a judgment of the of the circuit court of the county of Preston, rendered on the 17th day of October, 1879, in a case in which The State of West Virginia was plaintiff and Elihu Gregg was defendant, allowed upon the petition of said defendant. Hon. John A. Dille, late judge of the circuit court of the county of Preston, rendered the judgment complained of.

Sayre and others were plaintiffs, and George S. M. King and others Avere defendants, allowed upon the petition of said plaintiffs. Hon. Joseph Smith, judge of the seventh judicial circuit, made the order appealed from.

scdeas to a decree of the cir-duit court of the county of Jackson, rendered on the 7th day of April, 187~ in a cause in said court then pending, wherein Benjamin Rollins was plaintiff, and Henry J. Fisher and others were defendants. Allowed upon the petition of said Rollins.

McCormick was plain-tift, and Silas P. Bailey was defendant, allowed upon the petition of said Bailey. Hon. Charles S. Lewis,judge of the second judicial circuit, rendered the decree appealed from.

Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha rendered on the 17th day of December, 1879, in an action in said court then pending, wherein Henry I. Fisher was plaintiff and the City of Charleston was defendant, allowed upon the petition of said Fisher. 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 the county of Kanawha, rendered on the 16th day of June, 1879, in three consolidated suits in said court then pending, in each of which Henry J. Fisher was plaintiff and the mayor, recorder and councilmen of the city of Charleston were defendants, allowed upon the petition oi said defendants. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of.

Rose & Co. and others were plaintiffs and J. B. Brown and wife were defendants, allowed upon the petition of said defendants. Held: that the property conveyed to the wife of Jacob B. Bi’own by her husband was liable for his debts. But the court reversed the decree of the court below on the ground principally that no day was given in the decree for the defendants to redeem the property. While the

Lppeal from and supersedeas to a decree of the circuit court of the connty of Hardy, rendered on the 14th day of September, 1877, in a cause in said court then pending, wherein Norris, Caldwell & Company were plaintiffs and Johnson Bean and others were defendants, allowed upon the petition of George Bean for use of T. J. Grove. A Hon. John Blair Hoge, judge of the third 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 27th day of March, 1880, upon a writ of error and supersedeas to a judgment of the county court of said county, in an action wherein Herman Amiss was plaintiff and Catherine Williamson was defendant, allowed upon the petition of said defendant. Hon. J. M. Jackson, judge of the fifth judicial circuit rendered the judgment complained of.

Mc-Mechen and others were proponents and A. C. McMechen and others were contestants, allowed upon petition of said proponents. Hon. Thayer Melvin, judge of the first judicial circuit, pronounced the sentence appealed from.

Goshorn, executor, &e., was plaintiff, and David Snod-grass and others were defendants, allowed on the petition of James L. Delaplain and others. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decrees appealed from.

Writ of error and supersedeas to two judgments of the cjrcu-[t court of the county of Kanawha, one of which was rendered on the 27th day of June, 1879, and the . other on the 18th day of December, 1879, in an action in said court then pending, wherein Albert Laidley’s administrators were plaintiffs and M. A. Bright’s administrator was defendant, allowed upon petition of defendant. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgments complained of.

Writ of error and supersedeas to a judgment of the circuit court of the ebunty of Mason, rendered.on the 20th day of April, 1878, in an action in said court then pending, wherein John Somerville was plaintiff,' and Simon Grim was defendant, allowed upon the petition of said Grim. 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 the county of Ohio, rendered on the 24th day of April, 1880, in an action in said court then pending, upon writ of error to the judgment of the county court, wherein The Pittsburg, Wheeling & Kentucky Railroad Company was plaintiff, and The Baltimore & Ohio Railroad Company was defendant, allowed on the petition of said defendant.

Writ of error to an order of the circuit court of the county of Wetzel made on the 18th day of October. 1879, in an action in said court then pending, wherein John Henen, administrator, was plaintiff and theBal-timore and Ohio Eailroad Company was defendant, al-}owec] Up0n the petition of said Henen. Hon. A. B. Fleming, judge of the second judicial circuit, made the order complained of. HaymoND.

Rust was plaintiff and Samuel Rust and others were defendants, allowed- upon the petition of said Samuel Rust. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from. The facts of the case are sufficiently stated in the opinion of the court. cited the following authorities: 30 Conn.1492; 3 Stockt. 403; 4 Rand 493; Adams Eq. s. p. 388 ; 2 Tuck. Com. bk. 3, p. 504; Rarton Pr. 148; Dan. Chy.

' Appeal from and supersedeas to an order of the circuit court of the county of Putnam, made on the 24th day of October, 1877, in a cause in said court then pending, wherein Charles Hedrick, William H. Hogeman and Thomas L. Broun, special commissioners, were plaintiffs, and Henry S. Walker and others were defendants, allowed upon the petition of said plaintiffs. Hon. Joseph Smith, judge of the seventh judioialcir-cuit, made the order appealed from.