Genin v. Ingersoll
West Virginia Supreme Court
Appeal from, and supersedeas to, a decree of the circuit court of Marshall county, rendered on the 3d day of April 1876, in a cause in chancery, then pending in said court, wherein John N. Genin, executor of Thomas H. Genin, deceased, was plaintiff, and Josiah Ingersoll and Matilda C., his wife, were defendants, granted upon the petition of said defendant, Josiah Ingersoll. Hon. T. Melvin, Judge of the first judicial circuit, rendered the decree complained of.
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Appeal from, and supersedeas to, a decree of the circuit court of Marshall county, rendered on the 3d day of April 1876, in a cause in chancery, then pending in said court, wherein John N. Genin, executor of Thomas H. Genin, deceased, was plaintiff, and Josiah Ingersoll and Matilda C., his wife, were defendants, granted upon the petition of said defendant, Josiah Ingersoll. Hon. T. Melvin, Judge of the first judicial circuit, rendered the decree complained of. JOHNSON, Judge, states the case as follows: On the 2d day of February 1854, Josiah' Ingersoll and Matilda, his wife, executed to…
1Opinion of the Court
Opinion of the Court delivered by
Johnsok, Judge :
It is claimed by appellees, that if there was any error in the court, as to the amount of purchase money due, as found by the decree, based upon the commissioner’s report, that such error under sections 5 and 6 of chapter 134 of the Code should be corrected: and that until such motion to correct was made in the court below, and overruled, no appeal would lie. Section 5 of chapter 134 of the Code applies, where there is a clerical error, but not, where there is error in judgment, or the decision is founded on an erroneous view of the law:…
2Cases cited4 opinions
- Hastings v. WiswallMassachusetts Supreme Judicial Court · 1812
- Van Benschooten v. LawsonNew York Court of Chancery · 1822
- Childers v. Deane & PagenCourt of Appeals of Virginia · 1826
- Chapman v. CommonwealthSupreme Court of Virginia · 1875
3Cited by21 opinions
- Preston County Coke Co. v. Preston County Light & Power Co.West Virginia Supreme Court · 1961
- Craig v. McCullochWest Virginia Supreme Court · 1882
- Raleigh County Bank v. PoteetWest Virginia Supreme Court · 1914
- Hamilton v. Wheeling Public Service Co.West Virginia Supreme Court · 1921
- Waldron v. Coal Co.West Virginia Supreme Court · 1907
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