Legal Opinion

Garrett v. Ramsey

West Virginia Supreme Court

Decided July 9, 1885PublishedCited by 43 opinions

GreeN, Judge, furnishes the following statement of the case: At April rules 1874 Hugh Garrett filed his declaration in ejectment in the circuit court of Harrison against John W. Ramsey and George F. Bussell claiming in fee a tract of land set out by metes and bounds lying in said county and containing 140 acres, from which he had been ejected by the defendants, laying his damages at $1,000.00. On May 25,1874, the defendants pleaded not guilty ; and an order of survey was…

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GreeN, Judge, furnishes the following statement of the case: At April rules 1874 Hugh Garrett filed his declaration in ejectment in the circuit court of Harrison against John W. Ramsey and George F. Bussell claiming in fee a tract of land set out by metes and bounds lying in said county and containing 140 acres, from which he had been ejected by the defendants, laying his damages at $1,000.00. On May 25,1874, the defendants pleaded not guilty ; and an order of survey was made and the ease tried by a jury. On June 16, 1875, the jui’y found a verdict for the plaintiff for a part of the land…

1Opinion of the Court

Green, Judge:

In this case the defendant demurred to the evidence; and the evidence on both sides was properly inserted in the demurrer, as is well established by the authorities. (Muhleman v. National Insurance Company, 6 W. Va. 508, point 1 of syllabus.) In such case the demurrants, in this instance the defendants, must be considered as admitting all that can reasonably be inferred by a jury from the evidence given by the other party, in this case the plaintiff; and as waiving all the evidence on his own part which contradicts that offered by the other party, in this case the plaintiff, or…

2Cases cited15 opinions

  1. Green v. LiterSupreme Court of the United States · 1814
  2. Core v. FaupelWest Virginia Supreme Court · 1884
  3. Overton's heirs v. DavissonSupreme Court of Virginia · 1844
  4. Muhleman v. National Insurance Co.West Virginia Supreme Court · 1873
  5. Fox v. HintonCourt of Appeals of Kentucky · 1817

10 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Parkersburg Industrial Co. v. SchultzWest Virginia Supreme Court · 1897
  2. Gunn v. Ohio River R.West Virginia Supreme Court · 1896
  3. Tapscott v. CobbsSupreme Court of Virginia · 1854
  4. State v. KingWest Virginia Supreme Court · 1908
  5. Wilson v. BradenWest Virginia Supreme Court · 1900

38 more not listed; retrieve them via the Exa API.

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