Beckwith v. Thompson
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Wood, rendered on the 18th day of October, 1878, in an action of ejectment in .«aid court then pending, in which Jonathan B. Beckwith was plaintiff, and William P. Thompson and others were defendants, allowed upon the petition of said defendants. Hon. A. I. Boreman, as special judge, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Wood, rendered on the 18th day of October, 1878, in an action of ejectment in .«aid court then pending, in which Jonathan B. Beckwith was plaintiff, and William P. Thompson and others were defendants, allowed upon the petition of said defendants. Hon. A. I. Boreman, as special judge, rendered the judgment complained of. Geeen, Judge, furnishes the following statement of the case: This is an action of ejectment brought by Jonathan B. Beckwith on September 12, 1871, in the circuit court of Wood county, against…
1Opinion of the Court
Greek, President,
announced the opinion of the Court:
The most important question in this case is: What part or parts are to be regarded as conclusively determined by the verdict and judgment in the caveat-case.
As was said in the case of Corville & Garber v. Gilman etal., 13 W. Va. 327 : “It is thoroughly well settled, that matters which have been once determined by judicial authority, cannot be again drawn in controversy by the same parties and privies in the decision. See Smith v. Whiting, 11 Mass. 446; Young v. Black, 7 Cranch. 567; Embury v. Conner, 3 Coins. 522; Simson v. Hart, 14 Johns.…
2Cases cited27 opinions
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- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Aspden v. NixonSupreme Court of the United States · 1846
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3Cited by17 opinions
- Moore v. McNuttWest Virginia Supreme Court · 1896
- McCoy v. McCoyWest Virginia Supreme Court · 1887
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Wilson v. BradenWest Virginia Supreme Court · 1900
- Poole v. DilworthWest Virginia Supreme Court · 1885
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