Hale v. Boylen
West Virginia Supreme Court
Green, Judge, furnishes the following statement of the case: On November 27, 1882, B. T. Hale instituted an action of trespass on the case against F. A. Boylen in the-circuit court of Bitchie county.
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Green, Judge, furnishes the following statement of the case: On November 27, 1882, B. T. Hale instituted an action of trespass on the case against F. A. Boylen in the-circuit court of Bitchie county. At January rules, 1883, the declaration was filed, in which the plaintiff alleges, that the defendant on November 18, 1882, went before G. L. Zinn, a justice of said county, and falsely and maliciously and without any probable cause charged the plaintifi with having unlawfully and feloniously cut down and carried away fifty-three trees growing on the land of the defendant in said county, and…
1Opinion of the Court
GeeeN, Judge :
The motion to exclude from the jury all the plaintiff’s evidence, which was made in this case by defendant and sustained by the circuit court, ought not to have been sustained, unless upon a demurrer to the plaintiff’s evidence the court *239ought to have sustained the demurrer, this motion to exclude the evidence being simply a substitute in our practice for a demurrer to the evidence. James & Mitchell v. Adams, 8 W. Va. 568, syllabus 5. The rules as to the weight to be given to the evidence in such cases are well settled in our State and have often been announced by this Court.…
2Cases cited17 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Burt v. PlaceNew York Supreme Court · 1830
- Israel v. BrooksIllinois Supreme Court · 1860
- James & Mitchell v. AdamsWest Virginia Supreme Court · 1875
- Ewing v. SanfordSupreme Court of Alabama · 1851
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Porter v. MackWest Virginia Supreme Court · 1901
- Ross v. HixonSupreme Court of Kansas · 1891
- Wilfong v. JohnsonWest Virginia Supreme Court · 1895
- Van Hunter v. Beckley Newspapers Corp.West Virginia Supreme Court · 1946
- Thomas v. MuehlmannAppellate Court of Illinois · 1901
9 more not listed; retrieve them via the Exa API.