Franklin v. Geho
West Virginia Supreme Court
Statement of the case by GkbbN, Judge: This was an action for a forcible and unlawful entry and detainer brought by Donald Franklin against Thomas M. Gelio in the Circuit Court of Marshall county to recover the possession of a parcel of land thus described in the summons: “90 poles situated in Liberty district, Marshall county, West Virginia, bounded as follows : Beginning at the road, where the posts lately set for fence commences; thence with the same N. 28° E. 4f poles to…
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Statement of the case by GkbbN, Judge: This was an action for a forcible and unlawful entry and detainer brought by Donald Franklin against Thomas M. Gelio in the Circuit Court of Marshall county to recover the possession of a parcel of land thus described in the summons: “90 poles situated in Liberty district, Marshall county, West Virginia, bounded as follows : Beginning at the road, where the posts lately set for fence commences; thence with the same N. 28° E. 4f poles to a stake; tlience S. 75° E. 33 poles with old line and fence to a stake; thence N. 834° W. 284* poles to a stake ;…
1Opinion of the Court
GREEN, Jud&e :
The counsel for the plaintiff in error in their petition for a writ of error do not assign as an error the failure of the court to act on the motion to quash the summons in the case made by the defendant below on October 12,1885, and in stating the case in their brief they say the motion seems to have been forgotten or abandoned, yet they argue, in their brief, that the motion ought to have prevailed, because the land was not described with convenient certainty in the summons; and as an authority to sustain their view they refer to Moore v. Douglass, 14 W. Va. 708, 726. In that…
2Cases cited15 opinions
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
- Rymer v. HawkinsWest Virginia Supreme Court · 1881
- Moore v. DouglassWest Virginia Supreme Court · 1879
- King v. BurdettWest Virginia Supreme Court · 1878
- Miller v. Insurance Co.West Virginia Supreme Court · 1875
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Payne v. KinderWest Virginia Supreme Court · 1962
- Taylor v. Baltimore & O. R.West Virginia Supreme Court · 1889
- Carrico v. W. Va. Cent. & Pa. R'y. Co.West Virginia Supreme Court · 1891
- Gunn v. Ohio River R.West Virginia Supreme Court · 1896
- Anderson v. BennettOregon Supreme Court · 1888
8 more not listed; retrieve them via the Exa API.