Merchants Bank v. Jeffries
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of tlie county of Kanawha, rendered on the 9th day of January, 1878, in a cause in said court then pendiug, wherein the Merchants Bank of Charleston was plaintiff', and Marie L. Jeffries, administratrix of George Jeffries, deceased, was defendant, allowed upon the petition of said Jeffries. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of tlie county of Kanawha, rendered on the 9th day of January, 1878, in a cause in said court then pendiug, wherein the Merchants Bank of Charleston was plaintiff', and Marie L. Jeffries, administratrix of George Jeffries, deceased, was defendant, allowed upon the petition of said Jeffries. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from. Woods, Judge, furnishes the following statement of the case : This was a bill filed in the circuit court of Kanawha county against George Jeffries by the…
1Judgment of the CourtWoods, Judge
As neither the report of said comnissioner, nor the evidence supporting the same, nor any of the exceptions thereto, nor any evidence taken in the progress of the cause appears in this record, the court cannot determine, whether the said exceptions ought to have been sustained or not; but as all things done by the court are presumed to be rightly done, until the contrary is made to appear, it must in the absence of such proof be presumed, that the said exceptions to said commissioner’s report were rightly disposed of. Callaghan v. Kippers, 7 Leigh 608; Harris v. Lewis, 5 W. Va. 575. In…
2Cases cited2 opinions
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