Cann v. Cann
West Virginia Supreme Court
UA report of a commissioner unless excepted to will be presumed by the court as admitted to be correct, not only, as to the. ■-principles of the account, but as to the evidence also.” — 21 W. Va. 262; 22 W. Va. 159; 24 W. Va. 524. e‘A party complaining of a commissioner'1 s report must point out the errors of which he complains by exception thereto so as to direct the mind of the court to it, and when he does so the parts not excepted to are presumed to be correct,” “both as…
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UA report of a commissioner unless excepted to will be presumed by the court as admitted to be correct, not only, as to the. ■-principles of the account, but as to the evidence also.” — 21 W. Va. 262; 22 W. Va. 159; 24 W. Va. 524. e‘A party complaining of a commissioner'1 s report must point out the errors of which he complains by exception thereto so as to direct the mind of the court to it, and when he does so the parts not excepted to are presumed to be correct,” “both as to the principles, and the evidence on which the parts are founded.” — 14 W. Va. 531; 18 W. Va. 185; 21 W. Va, (body-of…
1ConcurrenceHolt, Judge
The following state of facts is disclosed by this record as-alleged in the pleadings proved by the testimony and found by the commissioner: The plaintiff, Harrison Cann, was born on the 15th day of October, 1840, and became twenty one on the loth day of October, 1861. From that period up-to the death of his father, on the 5th day of August, 1881, a period of twenty years, he lived with and worked for his father at his home, and unmarried, on the promise and assurance made to him, by his father, who' was the owner of twenty four different tracts of land, that he would leave him by will the…
2Cases cited60 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Callaghan v. MyersSupreme Court of the United States · 1888
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Crawford v. NealSupreme Court of the United States · 1892
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