Garrett v. Ramsey
West Virginia Supreme Court
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
- Green v. LiterSupreme Court of the United States · 1814
- Core v. FaupelWest Virginia Supreme Court · 1884
- Overton's heirs v. DavissonSupreme Court of Virginia · 1844
- Muhleman v. National Insurance Co.West Virginia Supreme Court · 1873
- Fox v. HintonCourt of Appeals of Kentucky · 1817
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3Cited by43 opinions
- Parkersburg Industrial Co. v. SchultzWest Virginia Supreme Court · 1897
- Gunn v. Ohio River R.West Virginia Supreme Court · 1896
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- State v. KingWest Virginia Supreme Court · 1908
- Wilson v. BradenWest Virginia Supreme Court · 1900
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