Peerce v. Kitzmiller
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit conrt of the county of Mineral, rendered on the 2d day of February, 1878, in a petition to set aside a judgment and grant a new trial, wherein John T. Peerce was plaintiff, and Ebene-zer Kitzmiller was defendant, allowed upon petition of said Kitzmiller. Hon. John B. Hoge, judge of the third judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit conrt of the county of Mineral, rendered on the 2d day of February, 1878, in a petition to set aside a judgment and grant a new trial, wherein John T. Peerce was plaintiff, and Ebene-zer Kitzmiller was defendant, allowed upon petition of said Kitzmiller. Hon. John B. Hoge, judge of the third judicial circuit, rendered the judgment complained of. Johnson, President, furnishes the following statement of the case: On the 15th day of November, 1873, John T. Peerce filed his petition in the circuit court of Mineral county, in which he…
1Opinion of the Court
JOHNSON, President,
announced the opinion of the Court:
Three other cases partaking of the character of this are before this Court for its decision. They have all, been fully ' and elaborately argued ; and we have examined with care the arguments in all of the oases. It is strenuously insisted by counsel for the plaintiff in error, that there was no authority' inherent in the court, nor was it within the constitutional power of the Legislature to give the right to the court to grant a new trial in this case, after the term, at which the judgment was rendered, had passed. It is undoubtedly true,…
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3Cited by28 opinions
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