Shirey v. Musgrave
West Virginia Supreme Court
Statement of the case by GreeN, Judge: William. Shirey at July rules, 1880, filed his bill in the 'Circuit Court of Lewis county against Edgar D. Musgrave, E. M. Ohalfant, Calvin L. Lightburn, Levi Maxwell, William E. Arnold, Henry Brannon, Jesse Woofter, Hezekiah D. Bailey, James E. Clark, trustee, and James I). Vandervort, •administrator of Christian Michell.
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Statement of the case by GreeN, Judge: William. Shirey at July rules, 1880, filed his bill in the 'Circuit Court of Lewis county against Edgar D. Musgrave, E. M. Ohalfant, Calvin L. Lightburn, Levi Maxwell, William E. Arnold, Henry Brannon, Jesse Woofter, Hezekiah D. Bailey, James E. Clark, trustee, and James I). Vandervort, •administrator of Christian Michell. The bill expressly or by implication sets out the following facts : — Maxwell owned •a tract of land of about 326 acres in said county. The plaintiff, Shirey, owned a tract adjoining. On February 3,1870, they united in a deed to one…
1Opinion of the Court
Green, Judge :
Counsel have argued this case only on its merits, no question as to our jurisdiction having been raised. But it' is our duty, unless the record shows affirmatively, that we have jurisdiction, to decline to consider the same, whether the parties desire or do not desire us to consider the case on its merits. If we should consider it, the parties might be bound by our decision (Henry v. Davis, 13 W. Va. 231, pt. 6 of Syll.; Newman v. Mollohan, 10 W. Va. 488); but this would result from the conclusive presumption, that the Court before taking jurisdiction of a case is satisfied,…
2Cases cited9 opinions
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- Camden v. HaymondWest Virginia Supreme Court · 1876
- Manion v. FahyWest Virginia Supreme Court · 1877
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- Newman v. MollohanWest Virginia Supreme Court · 1877
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3Cited by21 opinions
- Fowler v. Lewis's Adm'rWest Virginia Supreme Court · 1892
- Wood v. HarmisonWest Virginia Supreme Court · 1895
- Barbour v. TompkinsWest Virginia Supreme Court · 1906
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Hill v. CroninWest Virginia Supreme Court · 1904
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