Legal Opinion

Rathbone Oil Tract Co. v. Rauch

West Virginia Supreme Court

Decided July 15, 1871PublishedCited by 5 opinions

This was a suit brought by Charles M. Eauch, against the Eathbone Oil Tract Company on the 9th of January, 1868, in Burning Springs township, Wirt county, before a justice. The summons claimed damages for “ unlawfully detaining,” &c., a certain lot of land, the damage being limited to ninety-nine dollars. Judgment for the plaintiff, January 14th, 1868. The defendant appealed to the circuit court of Wirt county.

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This was a suit brought by Charles M. Eauch, against the Eathbone Oil Tract Company on the 9th of January, 1868, in Burning Springs township, Wirt county, before a justice. The summons claimed damages for “ unlawfully detaining,” &c., a certain lot of land, the damage being limited to ninety-nine dollars. Judgment for the plaintiff, January 14th, 1868. The defendant appealed to the circuit court of Wirt county. At the November term, 1870, the defendant filed an affidavit under the act of Congress, and tendered security for the costs, and moved the court to remove the cause to the circuit…

1Opinion of the CourtMaxwell, J.

Eauch brought his complaint against the defendant before a justice in Wirt county, for unlawfully detaining from him the possession of a certain tract of land, described in the complaint. A trial was had before the justice, and judgment rendered for the plaintiff, when the-defendant appealed to the circuit court, where the cause was tried, and judgment again rendered for the plaintiff, from which last judgment the defendant has appealed to this court.

The first question for consideration is, the motion made by the appellee to dismiss the appeal, upon the ground that this court has no…

2Cases cited1 opinion

  1. Meylin v. WoodfordIndiana Supreme Court · 1823

3Cited by5 opinions

  1. Koehler & Lange v. HillSupreme Court of Iowa · 1883
  2. New York I. & P. Co. v. Milburn Gin & Machine Co.United States Circuit Court · 1888
  3. Fuller v. County of ColfaxUnited States Circuit Court · 1882
  4. Keller v. Model Coal CompanyWest Virginia Supreme Court · 1957
  5. Slaughter v. CommonwealthSupreme Court of Virginia · 1856

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