Volume 18 — West Virginia Reports

Writ of error and supersedeas to a judgment of the circuit court of the county of Wood, rendered on the 19th day of April, 1879, in an action in said court then pending, wherein John F. Yinal was plaintiff and Andrew S. Core and Benjamin S. Compton were defendants, allowed upon tbe petition of said defendants. Hon. J. M. Jackson, judge of tbe fifth judicial circuit, rendered the judgment complained of.

Writ oí eri’or to a judgment of the circuit court of the county of Wetzel, rendered on the 14th day of October, 1878, in an action in said court then pending, wherein Hannah Miller was plaintiff and Andrew Peck, D. B. Miller and J. W. Kyser were defendants, allowed upon the petition of said Miller. 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 Wood, rendered on the 18th day of October, 1878, in an action of ejectment in .«aid court then pending, in which Jonathan B. Beckwith was plaintiff, and William P. Thompson and others were defendants, allowed upon the petition of said defendants. Hon. A. I. Boreman, as special judge, rendered the judgment complained of.

• Appeal from and supersedeas to a decree of the circuit court of the-county of Wood, rendered on the 8th day ot January, 1877, in a cause in said court then pending, wherein William McConaughy was plaintiff and J. N. Camden arid others were defendants, allowed upon the petition of said McConaughy. Hon. J. M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from.

M. Chapman was plaintiff and the Pittsburgh & Steubenville Railroad Company and others were defendants, allowed upon the petition of said company. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decree appealed from. Johnson, Judge, furnishes the following statement of the case: There are three suits consolidated in this record.

Writ of error and supersedeas to a judgment of the municipal court of Wheeling, rendered on the 26th day of September, 1880, in an action at law in said Court then pending, wherein J. Adler and S. Roedelheim were plaintiffs, and Joseph Green, George G. Roth and L. Wilhelm were defendants, allowed upon the petition of said defendants. Hon. G. L. Cranmer, judge of the municipal court of Wheeling, 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 10th day oí June, 1873, in an action at law therein pending, in which Benjamin H. Smith was plaintiff, and Anthony Lawson and James A. Nighbert were defendants, allowed upon the petition of said Lawson. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of. Green, Judge, furnishes the following statement of the case: Benj.

then pending, wherein J. A. Houser and wife were plaintiffs, and David L. Kuffner, adm’r. and others were defendants, allowed upon the petition… Held: that she took only a life-interest in the real and personal estate, and that the complainants and Rowena Laidley were entitled to the same in remainder in equal proportions, and decreed, that David L. Ruffner, administrator of Maria McFarland, should pay to them the sum of $7,152.00 with interest from the date of the decree.

Beall was complainant and Nicholas S. Shaull and others were defendants, allowed upon the petition of said Beall. Hon. John Blair Hoge, judge of the third judicial circuit, made the order appealed from.

' Appeal from and supersedeas to a decree of the circuit court of the county of Taylor, rendered on the 10th day of September, 1878, in a cause in said court then pending, wherein John B. Read and others were plaintiffs and Thomas Cather’s administrator and others were defendants, allowed upon the petition of the plaintiffs. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the decree appealed from. The facts of the case appear in the opinion of the court.

Writ of error and supersedeas to a judgment of the circuit court of the county of Mason, rendered on the 16th day of April, 1880, in an action of debt in said court then pending, wherein the Northwestern Bank of Virginia for use of Thompson Leach was plaintiff and William H. Machir and J. P. R. B. Smith were defendants, allowed 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 the county of Kanawha, rendered on the 22d day of December, 1877, in an action of assumpsit in said court then pending, wherein Jesse A. Abrahams was plaintiff and John S. Swann was defendant, allowed upon the petition of said Swann. Hon. Joseph Smith, judge of the seventh judicial circuit rendered the judgment complained of.

Reitzenberger was defendant, allowed upon the petition of said Braden. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from.

Beaty, William Donaldson and W. A. McCosh were plaintiffs, and John Veon, I. Lorman, Jordan McMillen, Simeon Kauffman, Moses Oppenhemer and Joseph Kauffman, were defendants, allowed upon the petition of the said Veon. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from.

Writ oí error and supersedeas to a judgment of the circuit court of the county of Jefferson, rendered on the 30th day of October, 1877, in an action in said court then pending, wherein E. I. Lee was plaintiff and the Virginia and Maryland Bridge Company was defendant, allowed upon the petition of said company. Hon. John B. Hoge, Judge of the third judicial circuit, rendered the judgments complained of.

Writ of error to a judgment of the circuit court of the county of Mineral, rendered on the 29th day of May, 1879, in an action in said court then pending, wherein the State of West Virginia was plaintiff, and William E. Whitter was defendant, allowed upon the petition’of said Whitter. Hon. James D. Armstrong, judge of the fourth judicial circuit, rendered the judgment complained of.

Rymer was plaintiff and Mary L. Hawkins and others were defendants, allowed upon the petition of said Hawkins. Hon. Thomas J. Stealey, judge of the fourth judicial circuit, rendered the decree appealed from.

Koon was plaintiff, and Ezekiel C. Snodgrass and others were defendants, allowed upon the petition of said Koon. Held: because it was thought they might be changed. Prichard testifies, that the deed dated January 1, 1869, by James Furbee and wife to Henry B. Furbee was left at his house by Henry B. Furbee, that he (Pritchard) should have it put on record.

Writ of error to a judgment of the circuit court of the county of Pendleton rendered on the 21st day of April, 1870, in an action in said court then pending, wherein Sylvanus Phares, ex’r of Solomon Phares, deceased, was plaintiff, and Edward T. Saunders’ adm’r and Samuel C. Eagle were defendants, allowed upon the petition of said administrator. Hon. J. T. Hoke, late judge of the fourth judicial circuit, rendered the judgment complained of.

Hon. G. L. Cranmer, judge of the munipal court of Wheeling, rendered the decree.appealed from.

Writ of error and supersedeas to a judgment of the circuit court of the county of Taylor rendered on the 12th day of September, 1877, in an action in said court then pending, wherein Thomas McGraw was plaintiff and the Baltimore and Ohio Eailroad Company was defendant, allowed upon the petition of said defendant. Hon. C. S. Lewis, late judge of the second judicial circuit, rendered tbe judgment complained of.

N. Curry ivas plaintiff and Joseph R. Hill and James Curry, trustees, and others were defendants, allowed upon the petition of said A. N. Curry. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decrees appealed from. The facts of the case are fully stated in the opinion of the Court.

Hon. Janies M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. The facts of the case are sufficiently stated in the opinion of the Court. relied upon the following authorities: Pollock v. Glassel, 2 Gratt. 439; Tate & Sands, Am.

Supersedeas to a judgment of the circuit court of'the county of Preston, rendered on the 11th day of April, 1877, in an action in said court then pending, wherein the Baltimore and Ohio Railroad Company was plaintiff in error and William B. Annon was defendant in error, allowed upon petition of said Baltimore and Ohio Railroad Company. Hon. C. S. Lewis, late judge of the second judicial circuit, rendered the judgment complained of.

Marshall were defendants, allowed upon the petition of said defendants. Hon. John B. Hoge, judge of the thirdjudicial circuit, rendered the judgment appealed from.

Writ of error to a judgment of the circuit court ot the county of Jefferson, rendered on the 10th day of April, 1879, in an action of assumpsit in said court then pending, wherein Joseph F. Abell was plaintiff, and the Penn Mutual Life Insurance Company was defendant, allowed upon the petition of said defendant. Hon. John B. Hoge, judge of the third judicial circuit, rendered the judgment complained of.

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

Patton and R. Ellen Patton were plaintiffs and William A. Quarrier, trustee, and others were defendants, allowed upon the petition of said plaintiffs. Hon. F. A. Guthrie, judge of the seventh judicial circuit, rendered the decrees appealed from. The facts of the case fully appear in the opinion of the court. the following authorities: Washburn on Easements (1863) 147; Id. 162; Ya.

Writ of error and supersedeas to a judgment of the circuit court of the county of Jefferson rendered on the 13th day of November, 1877, in an action of ejectment in said court then pending, wherein Jacob W. Winkler was plaintiff, and John J. Baney and D. B. Lucas, executor of M. A. Winkler, deceased, were defendants, allowed upon the petition of said Lucas. Hon. John B. Hoge, judge of the third judicial circuit, rendered the judgment complained of.

Writ of error and supersedeas to a judgment of the municipal court of Wheeling, rendered .on the 20th day of January, 1881, in an action in said court then pending, wherein the city of Wheeling was plaintiff and James L. Hawley was defendant, allowed upon the petition of said Hawley. Hon. G. L. Cranmer, judge of the municipal court of Wheeling, rendered the judgment complained of.

Writ of error and supersedeas to a judgment of the circuit court of the county of Mason in an action at law in said court then pending, wherein Enos, Hill & Company were plaintiffs and N. Stansbury and others were defendants, allowed upon the petition of said plaintiffs. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of.

A. Chapman and others were defendants, allowed upon the petition of said plaintiffs. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered, the decrees appealed from.

M. Wright and others were defendants, allowed upon the petition of said Wright. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. The facts of the case are fully stated in the opinion of the Court. relied on the fol-authorities: 1 Story Eq. Juris. §§ 524, 525 ; Adams Eq. (6th Am. ed.) 226 s. p.; 4 Munf. 369; 19 Gratt. 438; 2 Cliff. C. C. 139; 6 W. Ya. 153; 7 Johns.

Thornburg, administrator, and others were defendants, allowed upon tbe petition of said plaintiff. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decree appealed from. The facts of the case are fully stated in the opinion of tbe Court. ’ relied upon the following authorities: 2 Dan. Chy. Pr. 984, 1003; 2 Phillips 5, 9; Id. 127; Id- 453; Pott. Dwar. on Stat. 163, 164; Cooley Con. Lim. 93 and cases cited; Id. 370 and cases cited; 10 Pa.

Robinson was plaintiff, and James Dix and others, were defendants, allowed upon the petition of James Dix and Rachel Dix. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from. GjreeN, Judge, furnishes the following statement of the case : In December, 1871, B. H. Robinson filed his bill in the circuit court of Nicholas county, against James Dix, Rachel E. Dix and Joseph D. Hanna.

, Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. Green, Judge, furnishes the following statement of the case: On December 6, Í.867, Cyrus Hall and William M. Patton presented to George Loomis, judge of the then sixth judicial circuit, their bill in chancery praying an injunction.

Writ of error and supersedeas to judgments of the circuit court of the county of Preston rendered on the 17th day of April, 1877, and on the 6th day of April, 1880, in an action in said court then pending, wherein the Marion Machine Works was plaintiff, and Charles C. Craig was defendant, allowed upon the petition of said Craig. Hon. John Brannon, judge of the sixth judicial circuit, rendered the judgments complained of.

March, 1876, in a cause in said court then pending, wherein John F. W. Holt was plaintiff, and George Lynch, Peregrine Hays and Absalom Knotts were the defendants, allowed upon the petition of said defendants. Hon. John Brannon, judge of the sixth judicial circuit, rendered the judgment appealed from.

Writ of error and supersedeas to a judgment of the eii-cuit court of the county of Harrison, rendered on the 29th day of June, 1878, in an action then pending in said court, wherein William W. Fowler was plaintiff, and the Baltimore and Ohio Railroad Company was defendant, allowed upon the petition of said company. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the judgment complained of.

A. Brock-myer and otheis were defendants, allowed upon the petition of said Company. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decrees appealed from. .

Writ of error and supersedeas to a judgment of the circuit court of the county of Raleigh, rendered at the November term thereof in the year 1876, in an action in said court then pending, wherein John I). Bradley and others were plaintiffs, and John S. Ewart and others were defendants, allowed upon the petition of said defendants. Hon. Evermont Ward,.judge of the ninth judicial circuit, rendered the judgment complained of.

Williamson was plaintiff, and Joshua Russell and others were defendants, allowed upon the petition of said Williamson. , Hon. James M, Jackson, judge of the fifth judicial circuit, made the order appealed from.

Writ of error and supersedeas to a judgment of the circuit court of the county of Wetzel, rendered on the 10th day of April, 1875, in an action in said court then pending, wherein Wilford Moore was plaintiff and The Board of Supervisors of Wetzel county were defendants, allowed upon the petition of aaid Moore. Hon. 0. S. Lewis, judge of the second judicial circuit, rendered the judgment complained of.

Writ of error and supersedeas to a judgment of the circuit court of tbe county of Ritchie, rendered on the 26th day of February, 1881, in an action in said court then pending, wherein Henry Moats was plaintiff, and William M. Rymer was defendant, allowed upon the petition of said Moats. Thomas J. Stealey, Esip, judge of the fourth judicial circuit, rendered the judgment complained of.

Writ of error and supersedeas to a judgment of the circuit court of the county of Harrison, rendered on the 5th day of January, 1880, in an action in said court then pending, wherein B. S. Reynolds was plaintiff, and John W. Hurst was defendant, allowed upon the petition of the said Hurst. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the judgment complained of.

AVrit of error to a judgment of the circuit court of the county of Boone, rendered on the 9th day of April, 1881, in an action in said court then pending, wherein the State of West Virginia was plaintiff, and Artemisia Meadows ivas defendant, allowed upon the petition of the said Meadows. Hon. D. E. Johnston, judge of the ninth judicial circuit, rendered the judgment complained of.

Stuart was plaintiff, and William R. Stuart, Sr., and others were defendants, allowed upon the petition of William R. Stuart, Sr. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decrees appealed from.

Zane was plaintiff, and John Fink and others were defendants, allowed upon the petition of said Zane. Hon. T. Melvin, judge of the first judicial circuit, rendered the decree appealed from.

Jones was plaintiff, and William Dils and D. W. Long were defendants, allowed upon the petition of said Jones. Hon. J. M. Jackson, judge of the fifth 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 : Acts 1863, ch. 131, § 19; Code, ch. 30, § 21; Cooley on Taxation 324, 325 and cases cited; Id. 333; Blackw.

Writ of error and supersedeas to a judgment of the circuit court of the county of Logan, rendered on the 29th day of September, 1877, in an action of unlawful entry and detainer in said court then pending, wherein Anthony Lawson was plaintiff, and James Dalton was defendant, allowed upon the petition of said Dalton. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the judgment complained of.

Writ of error and supersedeas to a judgment of the municipal court of Wheeling rendered on the 25th day of March, 1881, in an action in said court then pending, wherein H. Bartholomae & Co. were plaintiffs, and A. W. Paull was defendant, allowed upon the petition of said plaintiffs. Hon. G. L. Cranmer, judge of the municipal court of Wheeling, rendered the judgment complained of.

Hon. G. J~. Oranmer, judge of the municipal court of Wheeling, rendered the decree appealed from. The facts of the case are fully stated in the opinion of the court. cited the following authorities : 9 How. 390; 19 How. 318; 1 Atk. 545; 4 Cow. 645; 1 Duer 66; Id. 110; 2 Phillips 583; 1 Dan. Chy. Pr. 612; 6 Mass. 142; 47 Barb. 127; Bliss Life Ins. 151; Id. 251, 252; 7 Nev. 116; 4 Big. Ins. R. 458; 31 Mo. 518; May Ins. 328; 20 Wall. 560 ; Mowry v. Ins.