Legal Opinion

Perdue v. Ward

West Virginia Supreme Court

Decided April 12, 1921PublishedCited by 19 opinions

Case Certified from Circuit Court, Wayne County. Suit by Orra Perdue and others against Sam Ward and others. Judgment for defendant -on demurrer, and case certified.

1Opinion of the Court

Lively, Judge:

Orra Perdue and others instituted an action of trespass on the case against the defendants Sam Ward and Lindsay Ward for damages for obstructing a right of way over the defendants’ land to the county road from a tract of 75 acres owned by the plaintiffs in Wayne County. A special plea was interposed by defendants, bringing into the case the record of a former suit between the same parties concerning the same right of way, decided by the Supreme Court and reported in 85 W. Va. 474, and styled Alice Roberts et al. v. Lindsay Ward et al., which it is urged is res judicata of the…

2Cases cited12 opinions

  1. Packet Co. v. SicklesSupreme Court of the United States · 1867
  2. Sweeney v. BakerWest Virginia Supreme Court · 1878
  3. Danielson v. SykesCalifornia Supreme Court · 1910
  4. Western M. & M. Co. v. Virginia Cannel Coal Co.West Virginia Supreme Court · 1877
  5. Zell Guano Co. v. HeatherlyWest Virginia Supreme Court · 1893

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3Cited by19 opinions

  1. Lane v. WilliamsWest Virginia Supreme Court · 1965
  2. Norwood v. Eastern Oregon Land Co.Oregon Supreme Court · 1931
  3. Morency v. PlourdeSupreme Court of New Hampshire · 1950
  4. Cruz v. OrtizSupreme Court of Puerto Rico · 1961
  5. Ford v. Dania Lumber and Supply Co., Inc.Supreme Court of Florida · 1942

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