Forest v. Stephens
West Virginia Supreme Court
Appeal from a decree, with xwpermleas to a portion thereof, of the circuit- court of the county of Mason, rendered on the 13th day of May, 1881, in a cause in said court then pending, wherein J. G-. Forest was plaintiff, and Washington Stephens and others were defendants, allowed upon the petition of the said Stephens. Hon. F. A. Guthrie, judge of the soAumth judical circuit, rendered the decree appealed from.
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Appeal from a decree, with xwpermleas to a portion thereof, of the circuit- court of the county of Mason, rendered on the 13th day of May, 1881, in a cause in said court then pending, wherein J. G-. Forest was plaintiff, and Washington Stephens and others were defendants, allowed upon the petition of the said Stephens. Hon. F. A. Guthrie, judge of the soAumth judical circuit, rendered the decree appealed from. Woods, Judge, furnishes the following statement of the case : In this cause the appellee, who was plaintiff below, filed liis bill in the circuit court of Mason county at the April…
1Judgment of the CourtWoods, Judge
The appellant has assigned various errors, in the said decree, which are not necessary to be now considered, because, first, the decree complained of is a decree b}^ default, and the alleged errors, if errors they he, could have all been corrected upon motion, by the said circuit court according to the provisions of the fifth section of chapter one hundred and thirty-four of the Code of West Virginia; and, secondly, because the said sixth section of said chapter expressly provides, that no “appeal, writ of error or supersedeas shall he allowed, or entertained by an appellate court or judge,…
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