Rose & Co. v. Brown
West Virginia Supreme Court
Appeal from, and supersedeas to, two decrees of the circuit court, of Jefferson county, rendered at the March term, 1876, of said court in a cause in chancery, pending then in said court, wherein Joseph Rose & Co. and others, were plaintiffs, and Jacob- B. Brown and wife, were defendants. This appeal was allowed upon the petition of said defendants, Jacob B. Brown and wife. The Hon. John Blair Hoge, Judge of the third judicial circuit, rendered the decrees appealed from.
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Appeal from, and supersedeas to, two decrees of the circuit court, of Jefferson county, rendered at the March term, 1876, of said court in a cause in chancery, pending then in said court, wherein Joseph Rose & Co. and others, were plaintiffs, and Jacob- B. Brown and wife, were defendants. This appeal was allowed upon the petition of said defendants, Jacob B. Brown and wife. The Hon. John Blair Hoge, Judge of the third judicial circuit, rendered the decrees appealed from. JOHNSON, Judge, who delivered the opinion of the Court, furnished the following statement of the case : On the 6th day of…
1Opinion of the Court
Johnson, Judge,
deliveredjthe opinion of the Court). The first point arising ill this cause is: should the deposition of Jacob B. Brown have been read upon the hearing of the cause. It is settled that at common law it is not competent testimony, Brown being the husband of his co-defendant Emily Brown. This question has been directly before this Court in Hill et ux. v. Proctor, 10 W. Va., 59, the court citing the common law rule, as laid down in 1 Greenl. Ev., section 334 &e., held that “the 22d and 23d sections of chapter 130of the Code of 1868, make no material change in the common law, as to…
2Cases cited7 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Hill v. ProctorWest Virginia Supreme Court · 1877
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- Hunter's Ex'rs v. HunterWest Virginia Supreme Court · 1877
- Pecks v. ChambersWest Virginia Supreme Court · 1875
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3Cited by70 opinions
- State v. General Daniel Morgan Post No. 548West Virginia Supreme Court · 1959
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- Lawrence v. DuBoisWest Virginia Supreme Court · 1880
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