Ward v. Ward
West Virginia Supreme Court
Appeal from and supersedeas to a decree ot the circuit court of the county of Randolph, rendered on the 6th day of December, 1879, in a cause in said court then pending, wherein William L. Ward was plaintiff and Jacob G. Ward and others were defendants, allowed upon the petition of said plaintiff. Hon. John Brannon, judge of the sixth judicial circuit, rendered the decree appealed from.
Read the full summary
Appeal from and supersedeas to a decree ot the circuit court of the county of Randolph, rendered on the 6th day of December, 1879, in a cause in said court then pending, wherein William L. Ward was plaintiff and Jacob G. Ward and others were defendants, allowed upon the petition of said plaintiff. Hon. John Brannon, judge of the sixth judicial circuit, rendered the decree appealed from. SNYDER, Judge, furnishes the following statement of the case: In April, 1870, William L. Ward tiled his bill in the circuit court of Randolph county against Washington G. Ward, alleging therein that upon an…
1Judgment of the CourtSnyder, Judge
The appellant insists that there was no error on the face of the report, and, consequently, so much of it as was not excepted to by either party is presumed to be admitted by them, respectively, to be correct, and that it was, therefore, error for the court to remodel and restate the whole account without reference to the position taken and occupied by the parties in relation to said report.
The party complaining of a commissioner’s report must point out the error of which he complains by exceptions thereto so as to direct the mind of the court to it, and when he does so the parts not excepted…
2Cases cited7 opinions
- McCarty v. ChalfantWest Virginia Supreme Court · 1878
- Hurst's Adm'r v. HiteWest Virginia Supreme Court · 1882
- Hyman, Moses & Co. v. SmithWest Virginia Supreme Court · 1877
- Wyatt v. ThompsonWest Virginia Supreme Court · 1877
- Ogle v. AdamsWest Virginia Supreme Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Hartman v. EvansWest Virginia Supreme Court · 1893
- Ward v. Ward's HeirsWest Virginia Supreme Court · 1895
- Kanawha Valley Bank v. WilsonWest Virginia Supreme Court · 1884
- Laidley v. Kline's Adm'rWest Virginia Supreme Court · 1884
- Barbour v. TompkinsWest Virginia Supreme Court · 1888
19 more not listed; retrieve them via the Exa API.