Sayre v. Whetherholt
West Virginia Supreme Court
Appeal from Circuit Court, Jackson County. Suit by T. J. Sayre, administrator of the estate of Charles Duff, deceased, against Nancy Whetherholt, William F. Ray, administrator of the estate of Margaret E. Duff, deceased, and others. Decree for plaintiff, and defendant Ray appeals.
1Opinion of the Court
POFFENBARGER, JUDGE:
Propriety of the forum resorted to for the relief obtained and admissibility of the evidence upon which award thereof is predicated are the principle matters involved in this appeal. In resistance of the claim of equity jurisdiction, the appellant urges adequacy of the legal remedy. In view of the interests and relations of witnesses upon whose unsupported testimony the decree rests in large measure, he denies their competency and the admissibility of their evidence.
Plaintiff is the administrator of the estate of Charles Duff, deceased, and the defendants are a daughter of…
2Cases cited9 opinions
- Freeman v. FreemanWest Virginia Supreme Court · 1912
- Lee v. Bank of the U. StatesSupreme Court of Virginia · 1838
- Galveston, Harrisburg & San Antonio Railway Co. v. JohnsonCourt of Appeals of Texas · 1900
- Kilgore's Adm'r v. HanleyWest Virginia Supreme Court · 1886
- Dunne v. DeerySupreme Court of Iowa · 1875
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3Cited by6 opinions
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- Cross v. State Farm Mutual Automobile InsuranceWest Virginia Supreme Court · 1989
- Rosier v. RosierWest Virginia Supreme Court · 2010
- Charleston National Bank v. HulmeWest Virginia Supreme Court · 1936
1 more not listed; retrieve them via the Exa API.