Corder v. Talbott
West Virginia Supreme Court
Supersedeas to a judgment of the circuit court of Barbour county, rendered on the 19th day oí November, 1875, in an action of debt, in said court then pending, wherein James W. Cordér was plaintiff, and Elam D. Talbott was defendant, granted on petition of said Tal-bott. Mon. John Brannon, judge of the sixth judicial circuil irmdered the judgment complained of.
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Supersedeas to a judgment of the circuit court of Barbour county, rendered on the 19th day oí November, 1875, in an action of debt, in said court then pending, wherein James W. Cordér was plaintiff, and Elam D. Talbott was defendant, granted on petition of said Tal-bott. Mon. John Brannon, judge of the sixth judicial circuil irmdered the judgment complained of. GreeN, PRESIDENT, furnishes the following statement of the case: On March 4, 1871, .Tames W. Corder sued out of the clerlPs office of the circuit court of Barbour county a summons against Elam D. Talbott to answer a plea of debt for…
1Opinion of the Court
Gjr.eeN, PRESIDENT,
delivered the opinion of the Court:
The first question raised by this record is: Did the circuit'court err in excluding from the jury the proposed evidence of Emma Poling, as set out in the bill of exceptions? It is true, as said by the appellee’s counsel, that the excluded evidence could have probably had very little weight with the jury, and that taken in connection with Talbott’s, those portions of Emma Poling’s statements, that were permitted to go to the jury, really must have had as much, or nearly as much, weight with the jury as the entire statement of Emma Poling…
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