Low v. Settle
West Virginia Supreme Court
GiieeN, Judge, furnishes the following statement of the case: This is an action of ejectment brought by A. A. Low against Harrison Settle in the circuit court of Fayette county in February 1881. The declaration alleged, that on January 1, 1877, the plaintiff ivas possessed in foe of two certain tracts of land in said county conveying respectively four thousand seven hundred and ninety-two acres and one hundred and seven perches and five hundred and thirty-seven acres, the…
Read the full summary
GiieeN, Judge, furnishes the following statement of the case: This is an action of ejectment brought by A. A. Low against Harrison Settle in the circuit court of Fayette county in February 1881. The declaration alleged, that on January 1, 1877, the plaintiff ivas possessed in foe of two certain tracts of land in said county conveying respectively four thousand seven hundred and ninety-two acres and one hundred and seven perches and five hundred and thirty-seven acres, the boundaries of each of which tracts of land are set out at length, and the declaration concludes, that the defendant…
1Opinion of the Court
GREEN, Judge:
The first question for our consideration presented by this record is: Did the circuit court err in refusing to grant on the affidavit of the defendant a rule against the attorneys of the plaintiff to show by what authority they had brought and pi-oseeuted this suit ? A lawyer prosecuting a suit should be required to produce satisfactory evidence of his authority to do it in every case, when there is reasonable ground to apprehend, that he is proceeding without permission of the individual, who stands on the record as plaintiff, and in case of his failure to produce such evidence…
2Cases cited5 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Campbell v. GalbreathSupreme Court of Pennsylvania · 1836
- Hawley v. TwymanSupreme Court of Virginia · 1874
- M'Murray v. OnealCourt of Appeals of Virginia · 1798
- Elliott v. SutorWest Virginia Supreme Court · 1868
3Cited by22 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Wilson v. BradenWest Virginia Supreme Court · 1900
- State v. EstesOregon Supreme Court · 1898
- Toppins v. OshelWest Virginia Supreme Court · 1955
- Oney v. ClendeninWest Virginia Supreme Court · 1886
17 more not listed; retrieve them via the Exa API.