Henry v. Davis
West Virginia Supreme Court
Appeal from a decree of the circuit court of Wood county, rendered on the 7th day of August, 1876, in a a cause in said court then pending, in which Eugene Henry and others were plaintiffs and Henry G. Davis was defendant, granted on petition of said Davis. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered the decree complained of.
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Appeal from a decree of the circuit court of Wood county, rendered on the 7th day of August, 1876, in a a cause in said court then pending, in which Eugene Henry and others were plaintiffs and Henry G. Davis was defendant, granted on petition of said Davis. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered the decree complained of. JOHNSON, Judge, furnishes the following statement of ' the case: After this case had been tried before the appellate court upon appeals from decrees of the circuit court of Dod-dridge county, upon the first of which the decree of the court…
1Opinion of the CourtJohnson, Judge
The complaint by appellants’ counsel here is, that the decree of the 3d of May, 3 872, ought to be set aside, and a new trial of the issue directed, because the plaintiff in the supplemental bill, and defendant in the issue, was denied a fair trial of the issue, and through the fault of the judge, who presided at the trial, he did not have the benefit of the exception to the ruling of the judge, in refusing to permit certain letters to be read in evidence to the jury, which the defendant in the issue deemed material to his defense; and that the unfairness of the trial consisted in the refusal…
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