Coyle v. B. & O. R. R.
West Virginia Supreme Court
Supersedeas awarded upon the petition of the defendant below to a judgment of the circuit court of the county of Jefferson, rendered on the 18th day of November, 1874, in a suit at law then pending in said court, wherein Mattie E. Coyle, was plaintiff, and the Baltimore and Ohio Bail road Company, was defendant. Hon. John Blair Iioge, Judge of the third judicial circuit, presided at the trial below.
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Supersedeas awarded upon the petition of the defendant below to a judgment of the circuit court of the county of Jefferson, rendered on the 18th day of November, 1874, in a suit at law then pending in said court, wherein Mattie E. Coyle, was plaintiff, and the Baltimore and Ohio Bail road Company, was defendant. Hon. John Blair Iioge, Judge of the third judicial circuit, presided at the trial below. The record does not'disclose what Judge presided at the former terms of the court below. JOHNSON, Judg.e, who delivered the opinion of the Court, prepared the following statement of the case :…
1Opinion of the Court
JOHNSON, JuDOE :
The first question to be considered is, did the court err in declining to entertain the defendant’s demurrer? The reason of the court given in the bill of exceptions is “The court refused to allow said demurrer to be taken and filed by the defendant, because under the rules established by this court, the said demurrer should have been taken on Saturday, the 31st day of Octobei’, 1874, and the eleventh day of this term, or on the Saturday preceding said last mentioned day.” We do not decide whether a circuit court has under the law, the right to regulate the times at which…
2Cases cited5 opinions
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- Va. & Tenn. R. R. v. SayersSupreme Court of Virginia · 1875
- Smith's adm'r v. BettySupreme Court of Virginia · 1854
- Thallhimer v. BrinckerhoffNew York Supreme Court · 1830
- Baltimore & Ohio Railroad v. ChristieWest Virginia Supreme Court · 1872
3Cited by25 opinions
- Grass v. Big Creek Development Co.West Virginia Supreme Court · 1915
- Norfolk & Western R. v. AmpeySupreme Court of Virginia · 1896
- Clarke v. Ohio River R.West Virginia Supreme Court · 1894
- Farish & Co. v. ReigleSupreme Court of Virginia · 1854
- Layne v. Ohio River R'dWest Virginia Supreme Court · 1891
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