Dinges v. Branson
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of Hardy county rendered on- the 1st day of August, 1876, in a suit in chancery in said court then pending, in which David A. Dinges and others were plaintiffs, and Joseph F. Branson and Lionel F. Branson were defendants, awarded on the petition of said plaintiffs. Hon. John Blair Hoge, judge of the third judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of Hardy county rendered on- the 1st day of August, 1876, in a suit in chancery in said court then pending, in which David A. Dinges and others were plaintiffs, and Joseph F. Branson and Lionel F. Branson were defendants, awarded on the petition of said plaintiffs. Hon. John Blair Hoge, judge of the third judicial circuit, rendered the decree appealed from. Johnson, Judge, furnishes the following statement of the case: On the 21st of July, 1862, William Branson of Hardy county died intestate, leaving the plaintiffs and defendants,…
1Opinion of the CourtJohnson, Judge
It is here insisted by counsel for appellees, that the court cannot reverse the decree, because the record does not show, that the witness answered the question propounded to him, and as the answer does not appear, the court cannot say, that the appellant was prejudiced by such answer. But the instruction given by the court is excepted to, and this Court has held in Strader v. Goff, 6 W. Va. 257, that when an instruction asserts a proposi-^ion syiiabus i apparently erroneous, and is given and excepted to, the judgment should be reversed, though it is not shown, whether in fact the instruction…
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