Sanaker v. Cushwa
West Virginia Supreme Court
Barnett Cushwa, administrator, with the will annexed, of John B. Sanaker, deceased, brought an action of trover in March, 1866, in the circuit court of Berkeley county, against Margaret J. Sanaker, for the value of a negro man bequeathed specifically, after the payment of testator’s just debts, by the last will and testament of the deceased to said Margaret J., his sister, the said negro man, being a part of the personal assets of the estate of the testator, which it was…
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Barnett Cushwa, administrator, with the will annexed, of John B. Sanaker, deceased, brought an action of trover in March, 1866, in the circuit court of Berkeley county, against Margaret J. Sanaker, for the value of a negro man bequeathed specifically, after the payment of testator’s just debts, by the last will and testament of the deceased to said Margaret J., his sister, the said negro man, being a part of the personal assets of the estate of the testator, which it was alleged was not sufficient to pay his debts, and which negro man the defendant had sold before the institution Of the suit.…
1Opinion of the CourtMaxwell, J.
The only question arising in the record in this case, is, did the court err in overruling the motion of the plaintiff in error for a new trial, on the ground that the verdict was against law and evidence? The bill of excep*35tions states the evidence of tbe witnesses examined on the trial instead of the facts appearing to the court to have been proven by each. This court cannot, therefore, according to the well settled practice, reverse the judgment, unless, by rejecting all the parol evidence for the exceptor and giving full force and credit to that of the adverse party, the decision of the…
2Cited by3 opinions
- State Ex Rel. Shatzer v. Freeport Coal Co.West Virginia Supreme Court · 1959
- Smith v. TownsendWest Virginia Supreme Court · 1883
- Chenowith v. County CourtWest Virginia Supreme Court · 1889