Brown v. Cunningham
West Virginia Supreme Court
Green, Judge, furnishes the following- statement oí the case: At October rules, 1871, Mary E. Brown filed in the circuit court of Randolph county her declaration in an action of ejectment against Adam Coyle for a tract of land in s>id ■ county containing seven hundred and eighty-three acres, yvliioh she claimed for her life. The boundaries of the tract are set out in detail in the declaration, and the damages are laid at one thousand dollars.
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Green, Judge, furnishes the following- statement oí the case: At October rules, 1871, Mary E. Brown filed in the circuit court of Randolph county her declaration in an action of ejectment against Adam Coyle for a tract of land in s>id ■ county containing seven hundred and eighty-three acres, yvliioh she claimed for her life. The boundaries of the tract are set out in detail in the declaration, and the damages are laid at one thousand dollars. Proper notice of the filing of this declaration was served on the defendant, Adam Coyle. At the next circuit court of said county on November 10, 1871,…
1Opinion of the Court
Geben, Judge:
It will be observed, that Coyle pleaded not guilty to the declaration in ejectment filed in this case; that Cunningham as his landlord was afterwards made a co-defendant with him; that Coyle then died, and the case was discontinued as to him. Cunningham never put iu any pica, yet a jury was sworn to try the issue joined, when in fact no issue had been joined by the plaintiff and the only defendant in the case. This jury found a verdict for the defendant on a demurrur to the evidence, “if the law be for the defendant; and it the law be for the plaintiff, they found for the…
2Cases cited8 opinions
- Sheehan v. LevyWashington Supreme Court · 1890
- State v. DouglassWest Virginia Supreme Court · 1882
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- Baltimore & Ohio Railroad v. ChristieWest Virginia Supreme Court · 1872
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3Cited by12 opinions
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- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
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