Sayre v. King
West Virginia Supreme Court
Appeal from an order of the circuit court of the county of Jackson rendered on the 13th day of January, 1879, in a cause in said court then pending, wherein William H. Sayre and others were plaintiffs, and George S. M. King and others Avere defendants, allowed upon the petition of said plaintiffs. Hon. Joseph Smith, judge of the seventh judicial circuit, made the order appealed from.
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Appeal from an order of the circuit court of the county of Jackson rendered on the 13th day of January, 1879, in a cause in said court then pending, wherein William H. Sayre and others were plaintiffs, and George S. M. King and others Avere defendants, allowed upon the petition of said plaintiffs. Hon. Joseph Smith, judge of the seventh judicial circuit, made the order appealed from. Green, Pesident, furnishes the following statement of the case : George S. M. King, then sheriff of Jackson county, West Virginia, appointed John M. Burdett his deputy, who on January 27, 1868, executed his bond…
1Opinion of the Court
Green, PRESIDENT,
announced the opinion of the Court:
This record presents two questions. First, whether a court of equity ought to award to the appellants a new trial in the common law suit because of evidence discovered after its trial at law. In the case of Zickefoose v. Kuykendall, 12 W. Va. 23, this Court held, that “as a new trial should not be awarded by a court of equity because of after-discovered evidence, unless such evidence is not only material, but such as ought to produce an opposite verdict on the merits of the case, and unless it also appears, that the new evidence is such,…
2Cases cited22 opinions
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Burke v. CrugerTexas Supreme Court · 1852
- United States v. HodgeSupreme Court of the United States · 1848
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3Cited by11 opinions
- Aetna Casualty & Surety Co. v. Federal Insurance Co. of New YorkWest Virginia Supreme Court · 1963
- Garrett v. PattonWest Virginia Supreme Court · 1918
- Carder v. Bank of West VirginiaWest Virginia Supreme Court · 1890
- Nationwide Mutual Insurance Company v. SmithWest Virginia Supreme Court · 1970
- Glenn v. MorganWest Virginia Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.