Beach v. O'Riley
West Virginia Supreme Court
Supersedeas to a judgment of the circuit court of ” Kanawha county, rendered on the 15th day of December, 1875, on a writ o± error and supersedeas from a judgment of the county court of said county in a case, in which A. H. Beach was plaintiff and P. O’Riley and others were defendants, awarded on petition of said Beach. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of.
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Supersedeas to a judgment of the circuit court of ” Kanawha county, rendered on the 15th day of December, 1875, on a writ o± error and supersedeas from a judgment of the county court of said county in a case, in which A. H. Beach was plaintiff and P. O’Riley and others were defendants, awarded on petition of said Beach. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of. GrbEN, PRESIDENT, furnishes the following statement of the case: This is a supersedeas to a judgment of the circuit court of Kanawha, affirming a judgment of the county court of…
1Opinion of the Court
GreeN, PRESIDENT,
delivered the opinion of the Court:
The first question presented by this record is : Did *59tbe court err in refusing to permit, the examination of J. T. Brodt and E. T. Moore, as experts to prove, that the' words “in the name of the State of West Virginia” were in the warrant of distress, and could be seen and read therein ?
Where there is obscurity in the hand writing, and it is doubtful, what the words of a written instrument produced in evidence before the jury are, the question arises, Syllabus 1. who is to decide what the words of the written instru.ment are? Greenleaf in…
2Cases cited7 opinions
- Lemons v. StateWest Virginia Supreme Court · 1870
- Gorman v. SteedWest Virginia Supreme Court · 1864
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- Armstrong v. BurrowsSupreme Court of Pennsylvania · 1837
- Jackson ex dem. Swain v. RansomNew York Supreme Court · 1820
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3Cited by10 opinions
- Taylor v. Baltimore & O. R.West Virginia Supreme Court · 1889
- Ambler v. LeachWest Virginia Supreme Court · 1879
- Michaelson v. CautleyWest Virginia Supreme Court · 1898
- State Ex Rel. Myers v. HodgeWest Virginia Supreme Court · 1947
- Latimer v. GilesSupreme Court of Oklahoma · 1911
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