Legal Opinion

Varner v. Martin

West Virginia Supreme Court

Decided April 21, 1883PublishedCited by 59 opinions

Writ of error and supersedeas to a judgment of the circuit court of the county of Harrison, rendered on the 6th day of June, 1881, dismissing a supersedeas to a judgment of the county court of said county in an action wherein A. J. Var-ner was plaintiff, and Lehi Martin was defendant, ■ allowed upon the petition of said Varner. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the judgment complained of.

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Writ of error and supersedeas to a judgment of the circuit court of the county of Harrison, rendered on the 6th day of June, 1881, dismissing a supersedeas to a judgment of the county court of said county in an action wherein A. J. Var-ner was plaintiff, and Lehi Martin was defendant, ■ allowed upon the petition of said Varner. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the judgment complained of. Green, Judge, furnishes the following statement of the case: Lehi Martin filed his petition in the county court of Harrison county stating, that he owned a valuable tract of…

1Judgment of the CourtGreen, Judge

The question in this case is, whether on the facts appearing in the record the county court of Harrison rightfully condemned the land of the plaintiff in error, A. J. Varner, to establish the road through it which they did establish by *540the order oí August 14, 1880. Several objections are urged by the counsel of the plaintiff in error to the manner, in which this condemnation was made, such as that the viewers were appointed not on the petition of the applicant for this private road, but on his motion only; and that after the approval of the report of the viewers the plaintiff in error asked a…

2Cases cited62 opinions

  1. Wilkinson v. LelandSupreme Court of the United States · 1829
  2. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  3. Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
  4. Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
  5. The West River Bridge Company v. DIXSupreme Court of the United States · 1848

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3Cited by59 opinions

  1. Hark v. Mountain Fork Lumber Co.West Virginia Supreme Court · 1945
  2. Taylor v. Baltimore & O. R.West Virginia Supreme Court · 1889
  3. Arnsperger v. CrawfordCourt of Appeals of Maryland · 1905
  4. Brown v. GeraldSupreme Judicial Court of Maine · 1905
  5. Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906

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