Legal Opinion

Ewart v. New River Fuel Co.

West Virginia Supreme Court

Decided October 18, 1910PublishedCited by 4 opinions

Error to Circuit Court, Raleigh County. Action by J. A. Ewart and others against the -New River Fuel Company. Judgment for plaintiffs, and defendant brings error.

1Opinion of the Court

Robinson, Peesident:

This case is not worthy of an extended written opinion. The judgment sought to be reversed is legally warranted and is a just one under the pertinent facts and circumstances presented.

The judgment is the result of a trial by the court in lieu of a jury. Yet it is insistently assigned as error that the court heard improper and inadmissible evidence. We can not reverse on that ground, if there is nevertheless proper evidence 1o- support the judgment rendered on a trial by the court without a jury. This holding has been iterated and reiterated. Some of the cases are: Nutter…

2Cases cited6 opinions

  1. Nutter v. SydenstrickerWest Virginia Supreme Court · 1877
  2. Wells-Stone Mercantile Co. v. TruaxWest Virginia Supreme Court · 1898
  3. Core v. Ohio River R'dWest Virginia Supreme Court · 1893
  4. State ex rel. Crumbacker v. SeabrightWest Virginia Supreme Court · 1879
  5. State v. DenoonWest Virginia Supreme Court · 1890

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

3Cited by4 opinions

  1. State v. ChafinWest Virginia Supreme Court · 1916
  2. Danser v. DorrWest Virginia Supreme Court · 1913
  3. Kidwell v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1913
  4. Robinson v. City & Elm Grove RailroadWest Virginia Supreme Court · 1912

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