Board of Education v. Parsons
West Virginia Supreme Court
Johnson, President, furnishes the following statement of the case: This case was formerly before this Court and the judgr ment of the court below was reversed, and the ease was remanded for a new trial.
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Johnson, President, furnishes the following statement of the case: This case was formerly before this Court and the judgr ment of the court below was reversed, and the ease was remanded for a new trial. It was a notice against the late sheriff and his sureties, and the circuit court quashed the notice, and we held, reversing the judgment, that the notice was good (22 W. Va. 308). The case was tried by the circuit court of Tucker county on December 22, 1883, being submitted to the coui’t in lieu of a jury, and a judgment was rendered in favor of the plaintiff against the defendants for two…
1Opinion of the Court
Johnson, President:
The counsel for defendant in error insists, that, as there was no exception to the judgment, this Court cannot consider whether or not the judgment is sustained by the evidence. *553While it is the usual practice in cases whore a jury is waived, and the case is submitted to the court in lieu of a jury, if the party, against whom the judgment is rendered, is dissatisfied therewith, to except to the judgment and have the court certify the facts proved, yet it is not necessary for the record to show that the judgment was excepted to; it is sufficient if the facts appear upon the…
2Cases cited4 opinions
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- Claflin v. SteenbockSupreme Court of Virginia · 1868
- Mason v. Harper's Ferry Bridge Co.West Virginia Supreme Court · 1882
- Mitchell v. BarattaSupreme Court of Virginia · 1867
3Cited by14 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Ferguson v. MillenderWest Virginia Supreme Court · 1889
- Hysell v. Steeling Coal & Manufacturing Co.West Virginia Supreme Court · 1899
- State v. MillerWest Virginia Supreme Court · 1885
- Legg v. Junior Mercantile Co.West Virginia Supreme Court · 1928
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