Pickens v. McCoy
West Virginia Supreme Court
Johnson, President, furnishes the following statement of the case: In September, 1869, Alexander Pickens filed his bill in the circuit court- of Barbour county against Benjamin McCoy, Oliver P. Bowers and Noah E. Warder. lie represented that on the 11th day of March, 1868, McCoy executed to him his obligation for one thousand dollars, payable on the 1st day of March, 1869, with'interest at three par cent, per annum, from the 11th day of March, 1868, to the 1st day of March,…
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Johnson, President, furnishes the following statement of the case: In September, 1869, Alexander Pickens filed his bill in the circuit court- of Barbour county against Benjamin McCoy, Oliver P. Bowers and Noah E. Warder. lie represented that on the 11th day of March, 1868, McCoy executed to him his obligation for one thousand dollars, payable on the 1st day of March, 1869, with'interest at three par cent, per annum, from the 11th day of March, 1868, to the 1st day of March, 1869, and then six per cent, until paid; that a short time before said obligation became due, the same was-…
1Opinion of the Court
Johnson, President:
I wrote an extended review of the evidence and pleadings and came to the conclusion, that at the time the issue was ordered, the evidence was not so conflicting as to make it doubtful on which side was the preponderance; but I was and am still* of opinion, that the evidence at that time"clearly preponderated in favor of the defendants. My brother, Green, disagreed with me, and by a long opinion demonstra-*352tecl, as he thinks, that no issue ought to have been ordered, because the evidence clearly preponderated in favor of the plaintiff. We do not file the analysis of the…
2Cases cited3 opinions
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3Cited by17 opinions
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- Morris v. BairdWest Virginia Supreme Court · 1913
- Evans v. SpurginSupreme Court of Virginia · 1854
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