Nease v. Capepart
West Virginia Supreme Court
Appeal from and supersedeas to a judgment of tbe circuit court of the county of Mason, rendered on the 20th day of April, 1876, in a cause in said court then pending, wherein M. Nease and others were plaintiffs and J. Cape-hart, executor, and others were defendants, allowed upon “ the petition of the said plaintiffs. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment appealed from.
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Appeal from and supersedeas to a judgment of tbe circuit court of the county of Mason, rendered on the 20th day of April, 1876, in a cause in said court then pending, wherein M. Nease and others were plaintiffs and J. Cape-hart, executor, and others were defendants, allowed upon “ the petition of the said plaintiffs. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment appealed from. Johnson, Judge, furnishes the following statement of the case : About the year 1870, the original bill in this cause was filed in the circuit court of Mason county. Its object was to…
1Opinion of the CourtJohnson, Judge
It is insisted by counsel for appellants, that the Court should, notwithstanding the verdict of the jury, upon the final hearing, have looked into ’ the whole record, and decreed in favor of the complainants, as according to their claim the two depositions taken and returned after the verdict was rendered, but before the decree was pronounced, showed a preponderance of evidence in behalt of the complainants.
Before the first appeal was taken, as ascertained by this court, it was the duty of the court below upon the hearing to have, directed an issue, as the evidence was so conflicting as to…
2Cases cited9 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- Nease v. CapehartWest Virginia Supreme Court · 1874
- Arnold v. ArnoldWest Virginia Supreme Court · 1877
- Henry v. DavisWest Virginia Supreme Court · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- State v. CliffordWest Virginia Supreme Court · 1906
- Thornsbury v. ThornsburyWest Virginia Supreme Court · 1963
- Dower v. ChurchWest Virginia Supreme Court · 1882
- Delmar Oil Co. v. BartlettWest Virginia Supreme Court · 1907
19 more not listed; retrieve them via the Exa API.