Ewart v. New River Fuel Co.
West Virginia Supreme Court
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
- Nutter v. SydenstrickerWest Virginia Supreme Court · 1877
- Wells-Stone Mercantile Co. v. TruaxWest Virginia Supreme Court · 1898
- Core v. Ohio River R'dWest Virginia Supreme Court · 1893
- State ex rel. Crumbacker v. SeabrightWest Virginia Supreme Court · 1879
- State v. DenoonWest Virginia Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. ChafinWest Virginia Supreme Court · 1916
- Danser v. DorrWest Virginia Supreme Court · 1913
- Kidwell v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1913
- Robinson v. City & Elm Grove RailroadWest Virginia Supreme Court · 1912