Legal Opinion

Henry v. Davis

West Virginia Supreme Court

Decided July 15, 1874PublishedCited by 20 opinions

Appeal, by Henry G. Davis, from a decree of the circuit court of Doddridge county rendered on the 3rd day of May, 1872, in a suit therein pending, wherein Eugene Henry was complainant and said Davis, Benjamin 'Wilson, T. K. Knight and Benjamin F. Martin, respondents. The material facts appear in the opinion of Pauli, Judge. The Hon. Chapman J. Stuart, judge of said circuit court, presided at the trial and hearing below.

1Opinion of the Court

Paull, Judge :

The following principles appear to have been decided by the court of appeals of Virginia, in regard to issues out of chancery:

*716First "When an issue is tried it is under the superintendence of-the court, which will prevent the introduction of improper testimony; and if the verdict be against evidence, the court will so certify, and the chancellor will not be satisfied with it. Plesant Shore & Co. v. Ross, 1 Wash., 156; Southall v. McKeand, Id., 336.

Second. It is matter of sound discretion whether the chancellor should direct the issue, or decide the questions of fact for himself;…

2Cases cited3 opinions

  1. Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
  2. Carrington v. GoddinSupreme Court of Virginia · 1857
  3. Fitzhugh's Ex'ors v. FitzhughSupreme Court of Virginia · 1854

3Cited by20 opinions

  1. Overton v. FieldsWest Virginia Supreme Court · 1960
  2. Wilson v. EdwardsWest Virginia Supreme Court · 1953
  3. Jarrett v. JarrettWest Virginia Supreme Court · 1877
  4. Bond v. National Fire InsuranceWest Virginia Supreme Court · 1916
  5. Deitz v. Prov. Wash. Ins.West Virginia Supreme Court · 1890

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