Dower v. Seeds
West Virginia Supreme Court
Statement of the case by Gk.eeN, Judge : John J. Weaver was married Dec. 29, 1829, and lived with his wife till his death, July 15, 1876. He never had any children by her, but after he had been married some twenty years, he had habitual intercourse with one Anna Maria Weaver. In 1850, while such illicit intercourse existed, she had a daughter, Anna Eliza, who afterwards marriad George Church.
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Statement of the case by Gk.eeN, Judge : John J. Weaver was married Dec. 29, 1829, and lived with his wife till his death, July 15, 1876. He never had any children by her, but after he had been married some twenty years, he had habitual intercourse with one Anna Maria Weaver. In 1850, while such illicit intercourse existed, she had a daughter, Anna Eliza, who afterwards marriad George Church. There was some uncertainty as to her paternity, Weaver not believing her to be his child, but when not more than six months old she was taken to his home and there reared by him and his wife, till she…
1Opinion of the Court
Opinion by
Geeen, Judge :
Before considering this cause on its merits we must first dispose of several formal objections to the manner, in which it is presented to this Court. It is assigned asan error in the court below, that it permitted the filing of the special replication to the answers of the defendants. As no affirmative relief was sought by the answers, it was obviously improper for the court to permit a special replication to be filed. This has been repeatedly decided by this Court (Enoch v. Mining Co., 23 W. Va. 314; Chalfants v. Martin, 25 W. Va. 394). As all the matters sot forth in…
2Cases cited12 opinions
- Gaines Et Ux. v. ChewSupreme Court of the United States · 1844
- Heirs of Adams v. AdamsSupreme Court of Vermont · 1849
- Sioux City & Pacific Railroad v. Washington CountyNebraska Supreme Court · 1873
- Dower v. ChurchWest Virginia Supreme Court · 1882
- Chalfants v. MartinWest Virginia Supreme Court · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Ritz v. KingdonWest Virginia Supreme Court · 1953
- Ritz v. KingdonWest Virginia Supreme Court · 1953
- In Re Settlement of Accounts of BoggsWest Virginia Supreme Court · 1951
- Goetz v. Old National Bank of MartinsburgWest Virginia Supreme Court · 1954
- Powell v. SayresWest Virginia Supreme Court · 1950
23 more not listed; retrieve them via the Exa API.