Danks v. Rodeheaver
West Virginia Supreme Court
Green, Judge, furnishes the following statement of the case : This was an action of ejectment brought in the circuit court of Preston in September, 1880, by Joseph Danks against Isaac Rodeiieaver and Ami Praukhauser to recover a certain tract of land in said county described by metes and bounds, and which the plaintiff claims he was possessed of in fee, and on which the defendants entered, and the possession of which they unlawfully withheld to his damage.
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Green, Judge, furnishes the following statement of the case : This was an action of ejectment brought in the circuit court of Preston in September, 1880, by Joseph Danks against Isaac Rodeiieaver and Ami Praukhauser to recover a certain tract of land in said county described by metes and bounds, and which the plaintiff claims he was possessed of in fee, and on which the defendants entered, and the possession of which they unlawfully withheld to his damage. The defendants pleaded not guilty, and issue was joined on this plea. An order of survey was made by the court. On December 2, 1882 a jury…
1Opinion of the Court
Green, Judge:
Tlie first question in this case is: Has this Court jurisdiction to decide the questions arising-during the trial of this case, which were made parts of the record by regular bills of exceptions signed by the circuit judge setting out his rulings in the case during the trial before the jury admitting the testimony objected to by the counsel for the plaintiff in error and refusing to grant instructions asked by the plaintiff in error, as the plaintiff in error did not ask the court to grant him a new trial but apparently acquiesced in the verdict of the jury, on which the court…
2Cases cited39 opinions
- Johnson v. BrownWest Virginia Supreme Court · 1878
- State v. Frew & HartWest Virginia Supreme Court · 1884
- Shrewsbury v. MillerWest Virginia Supreme Court · 1877
- Hollingsworth v. HolshousenTexas Supreme Court · 1856
- Lancaster v. Washington Life InsuranceSupreme Court of Missouri · 1876
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3Cited by40 opinions
- Dimmey v. Wheeling & E. G. RailroadWest Virginia Supreme Court · 1885
- Bell v. Huntington Development & Gas Co.West Virginia Supreme Court · 1928
- State v. FilesWest Virginia Supreme Court · 1942
- Holt v. Otis Elevator Co.West Virginia Supreme Court · 1916
- Burk v. Huntington Development & Gas Co.West Virginia Supreme Court · 1950
35 more not listed; retrieve them via the Exa API.