Legal Opinion

Stansbury v. Stansbury's Adm'rs

West Virginia Supreme Court

Decided July 1, 1882PublishedCited by 18 opinions

"Writ of error to a judgment of the circuit court of the county of Brooke rendered on the 21st day of March, 1879, in an action in said court then pending, wherein Abraham H. Stansbury wasplaintiff and Nicholas Stansbufy’s administrators were defendants, allowed upon the petition of said defendants. ' lion. T. Melvin, judge of the first judicial circuit, rendered the judgment complained of.

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"Writ of error to a judgment of the circuit court of the county of Brooke rendered on the 21st day of March, 1879, in an action in said court then pending, wherein Abraham H. Stansbury wasplaintiff and Nicholas Stansbufy’s administrators were defendants, allowed upon the petition of said defendants. ' lion. T. Melvin, judge of the first judicial circuit, rendered the judgment complained of. SNydbr, Judge, furnishes the following statement of the case: This was an action of assumpsit brought December 15, 1877, in the circuit court of Brooke county by Abraham IT. Stansbury against the…

1Opinion of the Court

Snyder, Junas,

announced the opinion of the Court:

The plaintiffs in error insist, that the circuit court erred in permitting the will of Uieholas Stansbury to bo read to the jury over their objection. The record shows, that the defendants objected generally to the reading of said will to the jury, and that said objection was overruled, and the will read; but it does not show, that the defendants excepted to said action of the court.

It is a rule of law generally enforced by this Court, that where an objection is made to the introduction of evidence and overruled by the court, and no exception…

2Cases cited5 opinions

  1. Bell v. MorrisonSupreme Court of the United States · 1828
  2. First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
  3. Hall v. FinchWisconsin Supreme Court · 1871
  4. Huffman v. Alderson's Admr.West Virginia Supreme Court · 1876
  5. Baltimore & Ohio Railroad v. FaulknerWest Virginia Supreme Court · 1870

3Cited by18 opinions

  1. Trader v. JarvisWest Virginia Supreme Court · 1883
  2. Preston County Coke Co. v. Preston County Light & Power Co.West Virginia Supreme Court · 1961
  3. Broderick v. BroderickWest Virginia Supreme Court · 1886
  4. State v. HoodWest Virginia Supreme Court · 1907
  5. Stiles v. Laurel Fork Oil & Coal Co.West Virginia Supreme Court · 1900

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