Legal Opinion

State ex rel. Mason v. Harper's Ferry Bridge Co.

West Virginia Supreme Court

Decided December 26, 1879PublishedCited by 43 opinions

A rule to the said defendants to show cause, if any they have, why they and each of them should not be punished for contempt of this Court: Greejst, President, furnishes the following statement of the case: James M. Mason owned a ferry across the Shenandoah river at Harper’s Ferry, West Virginia, it having been established by an order of the county court of Jefferson county made March 22, 1878. On February 21, 1879, George W. Green, Murtha Walsh and others obtained from the…

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A rule to the said defendants to show cause, if any they have, why they and each of them should not be punished for contempt of this Court: Greejst, President, furnishes the following statement of the case: James M. Mason owned a ferry across the Shenandoah river at Harper’s Ferry, West Virginia, it having been established by an order of the county court of Jefferson county made March 22, 1878. On February 21, 1879, George W. Green, Murtha Walsh and others obtained from the Secretary of State of West Virginia, a certificate of incorporation by the name of the Harper’s Ferry Bridge Company,…

1Opinion of the Court

Green, President,

delivered the opinion of the Court:

Two preliminary questions have arisen, which we will dispose of before deciding these cases on their merits.

Syllabus 1. The first of these questions is: Can this Court proner- • i . , , , ‘ ly hear evidence m these casas, or must they be heard only on the answers of the defendants to the rules issued against them ? In proceedings of this character the weight of the authorities is in favor of the admission of other evidence than the answers of the defendants to the rule; and in our judgment this is the proper rule. See Crooks et al. v. The…

2Cases cited10 opinions

  1. The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
  2. Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
  3. In re the case of YatesNew York Supreme Court · 1809
  4. Swinburn v. SmithWest Virginia Supreme Court · 1879
  5. Palmer v. Mayor of New YorkThe Superior Court of New York City · 1853

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3Cited by43 opinions

  1. Clark v. United StatesSupreme Court of the United States · 1933
  2. United States v. ShippSupreme Court of the United States · 1906
  3. Robertson v. CommonwealthSupreme Court of Virginia · 1943
  4. Board of Revenue v. MerrillSupreme Court of Alabama · 1915
  5. Eastern Associated Coal Corp. v. DoeWest Virginia Supreme Court · 1975

38 more not listed; retrieve them via the Exa API.

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