Postlewaite v. Wise
West Virginia Supreme Court
Writ of error and -supersedeas toa judgment of the circuit court of the county of Monongalia rendered on the 21st day of September, 1877, in an action of ejectment in said court then pending, wherein Jarvis Postlewaite and others were plaintiffs, and John H. Wise was defendant, allowed upon the petition of said Wise. Hon. Charles L. Lewis, late judge of the second judicial circuit, rendered the judgment complained of.
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Writ of error and -supersedeas toa judgment of the circuit court of the county of Monongalia rendered on the 21st day of September, 1877, in an action of ejectment in said court then pending, wherein Jarvis Postlewaite and others were plaintiffs, and John H. Wise was defendant, allowed upon the petition of said Wise. Hon. Charles L. Lewis, late judge of the second judicial circuit, rendered the judgment complained of. Green, President, furnishes the following statement of the case: Jarvis Postlewaite and Albert Postlewaite brought their action of ejectment in the circuit court of Monon-galia…
1Opinion of the Court
Green, Puesident,
delivered the opinion of the Court:
The first question presented by this record is: Did the circuit court err in overruling the. defendant’s demurrer to the declaration, and to the first and second count therein ? We need not consider the third count; for the overruling of the demurrer thereto, if erroneous, was not prejudicial to the defendant, the plaintiff in error, as there was a verdict and judgment for him against the plaintiff on this third count.
The first objection urged to the first and second counts is, that the premises claimed are not described with convenient…
2Cases cited15 opinions
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Harvey v. TylerSupreme Court of the United States · 1865
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- Edwards v.Farmers' Fire Insurance & Loan Co.New York Supreme Court · 1839
- Miller v. Insurance Co.West Virginia Supreme Court · 1875
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3Cited by12 opinions
- State Ex Rel. Adkins v. SimsWest Virginia Supreme Court · 1947
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Simpkins v. WhiteWest Virginia Supreme Court · 1897
- Sherlag v. KelleyMassachusetts Supreme Judicial Court · 1908
- Anderson v. JarrettWest Virginia Supreme Court · 1897
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