Volume 21 — West Virginia Reports

Hoge, administrator, was plaintiff, and O. L. Vintroux, executrix, and others were defendants, allowed upon the petition of said defendants. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from. The facts of the case fully appear in the opinion of the Court. cited the following authorities: 3 Nob. Pr. (new) p. 65, 265, 266; 6 Mass. 58; 5 Mass. 299; 1 Wash. 199; 3 W. Va. 285; 11 Mass. 26; 17 W. Va. 135; Code of Va.

Writ oí error and supersedeas to a judgment of tlie circuit court of the county of Greenbrier, rendered on the 29th day of April, 1881, in an action in said court then pending, wherein Andrew I). Johnson was plaintiff and James and Mathew Mann, executors of William T. Mann, deceased, were defendants, allowed upon the petition of the said defendants. Hon. Homer A. Holt, judge of the tenth judicial circuit, reudered the judgment complained of.

a decree of the circuit court of the county of Kanawha, rendered on the 13th day of July, 1881, in a cause in said court then pending, wherein James M. Laidley and others were plaintiffs, and D. EL Kline’s administrator and others were defendants, allowed upon the petition of said defendants. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from. The facts of the case appear in the opinion of the Court.

Church and others were defendants, allowed upon the petition of said defendants. Hon. Joseph Smith, judge of'the seventh judicial circuit, rendered the decree appealed from. Held: not a good ground for new trial. Vide: Opinion of Yeates, J., in Blain v. Chambers, 1 Serg. & R. 169. If the misconduct of a juror is known before the close of the trial, the objection must be made - then and not after a verdict.

Writ of error to a judgment of the circuit court of the county of Kanawha rendered on tlie 8th day of July, 1881, in an action of ejectment in said court then pending, wherein Joseph Bryan and others were plaintiffs, and John Willard and others were defendants, allowed upon the petition of said plaintiffs. Hon. F. A. Guthrie, judge of the seventh judicial circuit, rendered the judgment complained of. The facts of the case are fully stated in the opinion of the Court. 1.

Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decree appealed from. Snyder, Judge, furnishes the following statement of the case: Henry Reinhardt departed this life in December, 1878, possessed of a very inconsiderable personal estate, but seized of a house and lot on Coal street, in the city of Wheeling, and two lots of land on Glenn’s run in Ohio county, one of ten and the other of about nine acres.

J. Livesay was plaintiff, and J. A. Feamster and others were defendants, in the second of which J. A. Feamster was plaintiff and Samuel Tyree and others were defendants, and in the third of which J. A. Feamster was plaintiff and Harris and Rucker, commissioners and others were defendants, with a supersedeas to so much of said decrees as orders the sale of certain lands of said Joseph A. Feamster, allowed upon the petition of said Feamster.

A.ppea.1 from ami supersedeas to a decree of the circuit court of the county of Greenbrier, rendered on the 2d day of June, 1880, in a cause in said court then pending, wherein L. II. Lee & Bro. were plaintiffs, and John A. Feamster and others were defendants, allowed upon the petition of 3). J. Ford & Bon and James Withrow. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.

W. Gilchrist was plaintiff, and the West Virginia Oil and Oil Land Company was defendant, allowed upon the petition of said defendant. 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. cited the following authorities: Code pp. 90-91, § 4; Yoorhies N. Y. Code (ed. 1870) § 134; 5 How. (N. Y.) 183; 9 IIow.

Donahue and others were plaintiffs, and and Wiley Faekler and others were defendants, allowed upon the petition of Francis J. Gray. lion. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from. SNYder, Judge, furnishes the following statement of the case: Thomas M. Dunahue and others instituted this suit in the circuit court of Putnum county in August, 1858.

A petition by James D. McConilia and others for a writ of prohibition against F. A. Guthrie, judge of the circuit court of the county of Kanawha, and the Winifrede Kail-road Company to restrain the said judge and the said company from all proceedings for the condemnation of certain lands, houses, &c. The facts of the case are fully stated in the opinion of the Court.

Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 20th day of December, 1875, in an action in said court then pending,' wherein Joel Ruffner was plaintiff and G. W. Hill 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.

Maury and others were defendants, allowed upon the petition of said Maury. Hon. Homer A. Holt, judge of the eighth-judicial circuit, rendered the decrees appealed from. The facts of the case are fully stated in the opinion of the Court. cited the following authorities: 25 Graft. 475; Han. Chy.'Pr. §.3 and note, 292, 293 and notes 7, 5; 17 How. 103; Ham Chy. Pr. 246; 4 Min. Inst. Part I 150; Story Eq. PI. § 72; 3 Graft. 12-19; Calvert on Parties 116, 117; 2 Rob.

Writ ot error and supersedeas to a judgment oí the circuit court of the county of Brooke, rendered on the 20th day of March, 1879, in an action at law in said court then pending, wherein the Pittsburg, Wheeling and Kentucky Railroad Company was plaintiff, and Applegate & Son were defendants, allowed upon petition of said plaintiff. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the judgment complained of.

Lyttle and John Sutton, guardian of William Sutton, were plaintiffs, and George Cozad and others were defendants, allowed upon the petition of said Cozad. lion. John Brannon, judge of the sixth judicial circuit, rendered the decree appealed from.

lion. Ira J. McGinniss, judge of the eighth 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: Code ch. 125, § 87; 16 W. Va. 724; 9 W. Va. 492; 1 Wall. 655; 16 W. Va. 724, 731,732; Id. 625 ; Id. 794; 13'W. Va. 442, 474; 12 W. Va. 567; Code ch. 130, § 22; 9 W. Va. 190; Potts. Devar. Stat. p. 231, 45 and notes; 53 Barb. 407; 17 IV. Va. 292; 15 IV.

Writ of error to the judgment of the circuit court of the county of Ohio, rendered on the 5th day of May, 1881, in an action in said court then pending, wherein Delaplain & Co. were plaintiffs and Armstrong & Ulrich were defendants, allowed upon the petition of said plaintiffs. Eton, T. Melvin, judge of the first judicial circuit, rendered the judgment complained of.

E. Humphreys was plaintiff and James P. Patton and others were defendants, allowed upon the petition of said defendants. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from. The facts of the case-are stated in the opinion of the Court. cited the following authorities: Hil. Tax, 421; 8 Mich. 132; Hil. Tax, 16, 17; 2 Abb. L. Diet. 539, 540; Hil.

Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 18th day of June, 1879, in an action in said court then pending, wherein W. H. Tompkins was plaintiff and The Kanawha Board was defendant, allowed upon the petition of said Board. Hon. Joseph Smith, judge of the seventh judical circuit, rendered the judgment complained of. The facts in the case are stated in the opinion of the Court. 1.

Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decrees appealed from, Green, Judge, furnishes the following statement of the case: On October 29, 1872, David Eagan and Mary E., his wife, conveyed to Catharine McMullen, the wife of James H. Mc-Mullen, a house and lot in Charleston, West Virginia.

A rule for, contempt against John Osborne, special receiver in a cause then pending in the circuit court of the county of Pocahontas, wherein J. C. 'Hutton and others were plaintiffs and J. T. Lockridge and others were defendants.

Ward was plaintiff and Jacob G. Ward and others were defendants, allowed upon the petition of said plaintiff. Hon. John Brannon, judge of the sixth judicial circuit, rendered the decree appealed from.

Hon. Robert F. Fleming, judge of the sixth judicial circuit, rendered the judgment complained of.

Writ of error and supersedeas to a judgment of the circuit court of the county of Jackson, rendered on the^th day of September, 1879, in an action in said court then pending, wherein Lewis M. Miller and Keuben Douglass were plain tiffs, and Thomas Rose and others were defendants, allowed-upon the petition of said plaintiffs. ‘ v Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of.

E. Hoult and others were plaintiffs, and Michael Donahue and others were defendants, allowed npon the petition of said plaintiffs. Hon. Thomas J. Stealey, judge of the fourth 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 24th day of May, 1881, in an action at law in said court then pending, wherein John F. Vinal, special receiver, was plaintiff, and J. C. Gilman was defendant, allowed upon the petition of said Gilman. Hon. James M. Jackson, judge of the fifth judicial circuit rendered the judgment complained of.

G-. Forest was plaintiff, and Washington Stephens and others were defendants, allowed upon the petition of the said Stephens. Hon. F. A. Guthrie, judge of the soAumth judical circuit, rendered the decree appealed from.

Writ of error to a judgment of tlie circuit court of the county of Wood, rendered on the 18th day of April, 1879, in an action of ejectment in said court then pending, wherein Cyrus Hall was plaintiff, and Sylvester I). Webb was defendant, allowed upon the petition of said Hall. lion. James M. Jackson, judge of the fifth judicial circuit, rendered the judgment complained of.

Appeal and supersedeas to a decree of. the circuit court oí the county of Roane, rendered on the 18th day of March, 1880, in a suit in chancery in the said court… Held: that the deficiency should have been abated at the price of nine dollars per acre instead of five dollars. This reduced the balance due from J. M. Sergent on the purchase of this land, from two hundred and eighty-five dollars and fifty cents to sixty-seven dollars and seventy-four cents as of March 18, 1880.

G. Grinnan and others were plaintiffs, and W. H. Edwards and others were defendants, allowed upon the petition of said plaintiffs. Hon. E. A. Guthrie, 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 Jefferson, rendered on the 15th day of November, 1879, in an action at law in said court then pending, wherein John A. Sheppard, administrator of Amos Sheppard deceased, was plaintiff,- and The Peabody Insurance Company was defendant, allowed upon the petition of said company. Hon. John Blair Iloge, judge of the third judicial circuit, rendered the judgment complained of.

Buck and others were defendants, allowed upon the petition of said Conrad. Hon. James H. Armstrong, judge of the fourth judicial circuit, rendered the decree appealed from. The facts of the case are stated in the opinion of the court. cited the following authorities; 29 Gratt. 697; 17 Gratt. 386; 2 Lead. Cas. Eq. 281; 6 Watt. & S. 190; 2 Patt. & H. 11; 2 Gratt. 372; Pars. Part.

Hoffman and John W. Carrace were plaintiffs and Benjamin Ryan, John W. Corrothers and others were defendants, allowed upon the petition of said Carrace and Ryan. Hon. A. B. Fleming,'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 Jackson, rendered on the 12th day of November, 1881, in an action in said court then pending, wherein Isaiah and John Cunningham were plaintiffs, and Ichabod Sayre and others were defendants, allowed upon petition of said defendants. Hon. Robert F. Fleming, judge of the sixth judicial circuit, rendered the judgment complained of.

Burk was plaintiff, and Lucinda Burk was defendant, allowed upon the petition of said defendant. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. JOHNSON, President, furnishes the following statement of the case: This is a suit in equity to procure a divorce a vinculo mat-rimonii, on account of desertion for three years. The bill was filed in the circuit court of Wood county in June, 1880.

TIanson Good, administrator, and others were defendants, allowed upon the petition of said Good. lion. Thayer Melvin, judge of the first judicial circuit, rendered the judgment appealed from.

Pusey and wife were plaintiffs, and John H. Gardner and others were defendants, allowed upon the petition of said defendants. Hon. George E. Boyd, judge of the first judicial circuit, rendered the decree appealed from, The facts of the case are stated in the opinion of the Court. cited the following authorities: 15 W. Va. 567; 57 Mo. 73; 10 W. Va. 718; 11 ~W. Va. 229; 12 Pet. 253; 8 How. 183; 11 Law Rep. N. S. 531 (3 Abb. Nat.

Writ of error and supersedeas to a judgment of the circuit court of the county of Pleasants, rendered on the 26th day of November, 1879, on a supersedeas to a judgment of the county court of said county, wherein C. P. Smith was plaintiff in error and J. B. Townsend was defendant in error, allowed upon the petition of said Townsend. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the judgment complained of.

John, her husband, were plaintiffs, and Eliza Barnes and others were defendants, allowed upon the petition of said 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. cited the following authorities: 12 Heisk. 645 ; 2 Burr. 1027; 3 Lom. Dig. 274; 3 Otto 326; Wade. Law of Notice, 135; 3 How. 333; 8 Wheat. 421; 11 Gratt.

Jeffries, administratrix of George Jeffries, deceased, was defendant, allowed upon the petition of said Jeffries. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.

Hall and others were defendants, allowed upon the petition of said Matthews. Hon. John Brannon, judge of the sixth judicial circuit, rendered the decree appealed from, The facts of the case are stated rn the opinion of the Court.

Carwitlien and others were defendants, allowed upon the petition of said Wayt. Hon. F. A. Guthrie, judge of the seventh judicial circuit, rendered the decree appealed from. The facts of the case are stated in the opinion of the Court. cited the following authorities : Code, Ya. (1849) ch. 48 § 12 ; 3 Leigh 365; 2 Min. Inst. 882; Perry Trusts, §§ 920, 921; 19 la. 538; Ad. Eq. 55; 14 W. Ya. 211; 2 Leigh 6; Ang. Lim. 312; 6 Munf. 352; 13 W. Ya. 718. cited Code Ya.

Norvell was plaintiff, and Charles Hedrick, trustee, and others were defendants, allowed upon the petition of said Norvell. 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 Ritchie, rendered on the 2d day of November, 1881, in an action at law in said court then pending, wherein Eleven Riddle was plaintiff, and Andrew S. Core was defendant, allowed upon the petition of said Core. Hon. Thomas J. Stealey, 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 6th day of June, 1881, dismissing a supersedeas to a judgment of the county court of said county in an action wherein A. J. Var-ner was plaintiff, and Lehi Martin was defendant, ■ allowed upon the petition of said Varner. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the judgment complained of.

Watson was plaintiff and Pawley E. Ice and Calvin Michael were defendants, allowed upon the petition of said Watson. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the decree appealed from. The facts of the case are stated in the opinion of the Court. cited the following authorities: 1 W. Ya. 1; 2 Coke Inst. 514; 1 Tuck.

Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 9th day of April, 1881, in an action at law in said court then pending, wherein J. K,. Capellar was plaintiff, and the Queen Insurance Company was defendant, allowed upon the petition of said company. Hon. E. A. Guthrie, judge of the seventh judicial circuit, rendered the judgment complained of.

Jackson’s administrator was plaintiff, and R. M. T. Hull was defendant, allowed upon the petition of said Hull. lion. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appeal from.

Writ of error and supersedeas to a judgment of the circuit court of tlie county of Jefferson, rendered on the 17th day of June, 1881, in an action at law in said court then pending, wherein John G. Lane was plaintiff, and G. W. Z. Black was defendant, allowed upon the petition of said Black. Hon. 0. J. Faulkner, jr., judge of the thirteenth judicial circuit, rendered the judgment complained of.

Writ of error to a judgment of the circuit court of the county of Roane, rendered on the 17th day of March, 1880, in an action of debt in said court then pending, wherein Henry J. Fisher was plaintiff, aiid James E. Burdett was defendant, allowed upon the petition of said Fisher. lion.

Snyder was defendant, allowed upon the petition of said Snyder. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decrees appealed from.

Taven-ner was plaintiff, and O. G. Barrett and others were defendants, and in the other of which C. G. Barrett and wife were plaintiffs, and E. C. Tracoweil, trustee, and John Buford were defendants, allowed upon the petition of The Life Insurance Company of Virginia and of C. G. Barrett and Sarah V. Barrett, his wife. Hon. J. M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from.

Writ of error and supersedeas to a judgment of the circuit court of the county of Jackson, rendered on the 19th day of November, 1881, in an action in said court then pending, •wherein Mary M. Mathews was plaintiff, and John M. Greer was defendant, allowed upon the petition of said Greer. Hon. Robert F. Fleming, judge of the sixth judicial circuit, rendered the judgment complained of.

Hon. Homer A. Holt, judge of the eigth judicial circuit, rendered the decrees appealed from. The facts of the ease are stated in the opinion of the Court.

Brice and others were defendants, allowed upon the petition of said’ O’Brien. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decree appealed from.

Writ of error to a judgment of the circuit court of the county of Putnam, rendered on the 9th da}1 of March, 1878, in an action, in said court then pending, wherein Yillie Black & Co. were plaintiffs, and John C. Thomas was defendant, allowed upon a petition of William H. Hogemau, administrator of Yillie Black, deceased. ETon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of.

Writ of error and supersedeas to a judgment of the municipal court of Wheeling, rendered on the 11th day of October, 1878, in an action at law in said court then pending, wherein Alois Casanova was plaintiff, and Peter Kreusch was defendant, allowed upon the petition of said Kreusch. Hon. G. L. Cranmer, judge of the municipal court of Wheeling, rendered the judgment complained of.

Perry was plaintiff, and S. J. Horn and others were defendants, allowed upon the petition of said S. J. Horn. Hon. J. M. Jackson, jxidge of the fifth judicial circuit, rendered the decree appealed from.

Writ of error to a judgment of the circuit court of the county of Wayne, rendered on the 31th day of July, 1881, upon an indictment for murder against WadeH. Thompson, allowed upon the petition of said Thompson. Thomas II. Harvey, special judge, rendered the judgment complained of. G-men, Judge, furnishes the following statement of the case: On March 4, 1878, the grand jury of Wayne county was formed and duly sworn, and on March 6, 1878, found an indictment against Wade Ii.

Writ of error to a judgment of the circuit court of the county of Taylor rendered on the 18th day of February, 1880, upon an indictment against Jedediah V. Yates for feloniously shooting with intent to kill, allowed upon the petition of said Yates. Hon. A., B. Fleming, judge of the second judicial circuit, rendered the judgment complained of.

Writ of error to a judgment-of the circuit, court of the comity of Boone on an indictment for lewd and lascivious cohabitation, rendered on the 20th day of September, 1879, against -lames Foster, allowed niton the petition of said Foster. ITon. David E. -Johnston, 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 Raleigh, rendered on the 6th day of November, 1879, on an indictment against Robert Beasley for the unlawful selling of spirituous liquors, allowed upon the petition of said Beasley. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the judgment complained of. The facts of the case are stated in the opinion of the Court.

Writ of error to a judgment of the circuit court of the county of Calhoun, rendered on the 26th day of October,' 1881, upon an indictment against Nimrod Lowe for a violation of the revenue laws by selling spirituous liquors without a license, allowed upon the petition of the State. Hon. William E. Lively, special judge, rendered the judgment complained of.

Writ of error to a judgment ot the circuit court of the county of Randolph, rendered on the 30th day of September, 1882, on an action against Charles Vest for felony in said court then pending, allowed upon the petition of said Vest. Hon. R. F. Fleming, judge of the sixth judicial circuit, rendered the judgment complained of.