Legal Opinion

Gates & Bro. v. Cragg

West Virginia Supreme Court

Decided September 10, 1877PublishedCited by 12 opinions

Appeal from, and supersedeas to, two decrees of the circuit court of Kanawha county, rendered respectively on the 18th and 21st days of December 1876, in a cause in chancery in said court then pending, in which J. M. Gates & Bro. were plaintiffs, and Edward Cragg and James E. Smoot were defendants, allowed upon the petition of said defendants. , Hon. Joseph Smith, Judge of the seventh judicial circuit, rendered the decrees complained of.

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Appeal from, and supersedeas to, two decrees of the circuit court of Kanawha county, rendered respectively on the 18th and 21st days of December 1876, in a cause in chancery in said court then pending, in which J. M. Gates & Bro. were plaintiffs, and Edward Cragg and James E. Smoot were defendants, allowed upon the petition of said defendants. , Hon. Joseph Smith, Judge of the seventh judicial circuit, rendered the decrees complained of. GreeN, PRESIDENT, furnishes the following statement of the case: In May 1876, James M. Gates and George W. Gates, partners in trade, under the firm name of…

1Opinion of the Court

*303Opinion of the Court by

Green, President :

The errors assigned by the appellants’ counsel, in this case, with a single exception, are so frivolous as to be unworthy of serious consideration. The alleged faults in the bill, for which it is contended the demurrer should have been sustained, are, that it alleges that James M. Gates and George W. Gates, partners under the name of James M. Gates & Bro., sold and conveyed the lot to the defendants, while the exhibit filed with the bill shows that the lot was conveyed by George W. Gates and James M. Gates and Virginia, his wife, individually. If the…

2Cases cited2 opinions

  1. Davis v. CommonwealthSupreme Court of Virginia · 1861
  2. Dickinson v. LewisWest Virginia Supreme Court · 1874

3Cited by12 opinions

  1. Watson v. WiggintonWest Virginia Supreme Court · 1886
  2. Curtis v. CurtisWest Virginia Supreme Court · 1919
  3. Dent v. PickensWest Virginia Supreme Court · 1907
  4. Evans v. SpurginSupreme Court of Virginia · 1854
  5. Thomas v. CollinsWest Virginia Supreme Court · 1923

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