Legal Opinion

Hunter's Ex'rs v. Stewart

West Virginia Supreme Court

Decided March 22, 1884PublishedCited by 15 opinions

Woods, Judge, furnishes the following statement of the case; Some time in the year 1870, John S. Cocke and others who were partners in the late firm ol TTarman, Mason & Co., transacting business in Augusta county, Virginia, filed their bill in the circuit court of that county, against the other members of th,e firm, among whom were Claiborne K. Mason, and Andrew' Stewart, the plaintiff in error, who, by the allegations of the bill was represented to be the owner of ninety of…

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Woods, Judge, furnishes the following statement of the case; Some time in the year 1870, John S. Cocke and others who were partners in the late firm ol TTarman, Mason & Co., transacting business in Augusta county, Virginia, filed their bill in the circuit court of that county, against the other members of th,e firm, among whom were Claiborne K. Mason, and Andrew' Stewart, the plaintiff in error, who, by the allegations of the bill was represented to be the owner of ninety of the thirteen hundred and sixty shares composing the capital stock of the firm. One half of the ninety shares so alleged…

1Opinion of the Court

Woods, Judge:

The plaintiff in error has assigned four several errors in said judgment.

1st. In pernfitting the action to remain on the docket of the circuit court; the suit-having been brought before a justice, could get out of his court in only one way, viz: by appeal, as prescribed by section 164, chapter 8, Acts 1881.

2d. The court erred in admitting each of the said extracts from the records. There was not enough of the records copied .to enable the court and jury to understand what the courts had done in the cases.

3d. The court erred in refusing to permit the two items of defendant’s…

2Cases cited2 opinions

  1. Mahany v. KephartWest Virginia Supreme Court · 1879
  2. Bank of the Valley v. Bank of BerkeleyWest Virginia Supreme Court · 1869

3Cited by15 opinions

  1. Bensimer v. FellWest Virginia Supreme Court · 1891
  2. Tennant's Heirs v. FrettsWest Virginia Supreme Court · 1910
  3. Dudley v. BarrettWest Virginia Supreme Court · 1905
  4. Farquhar & Co. v. DehavenWest Virginia Supreme Court · 1912
  5. Manypenny v. GrahamWest Virginia Supreme Court · 1964

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