Shepherd v. McQuilkin
West Virginia Supreme Court
This was an action of trespass instituted in the circuit court of Berkeley county, for breaking into the store of the Plaintiff, Abraham R. MeQuilkin, in Berkeley county, and seizing, taking and carrying away, and disposing of and converting to their own use, certain goods and chattels of the plaintiff, by the defendants Henry Shepherd, sen’r, John Shepherd, James A. Osborne and James W. Glenn.
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This was an action of trespass instituted in the circuit court of Berkeley county, for breaking into the store of the Plaintiff, Abraham R. MeQuilkin, in Berkeley county, and seizing, taking and carrying away, and disposing of and converting to their own use, certain goods and chattels of the plaintiff, by the defendants Henry Shepherd, sen’r, John Shepherd, James A. Osborne and James W. Glenn. At the April Term 1866, the defendants appeared and pleaded not guilty, and a jury was sworn to try the issue. The jury returned a verdict of guilty against all the defendants except Glenn, and…
1Opinion of the Court
Maxwell J.
It is assigned as a cause of error, that the court below refused to give the instructions as asked by the defendant, Hmry Shepherd, and gave the instructions in a modified form, and that the court erred in giving the instructions given at the instance of the plaintiff below.
The second and third instructions asked by the defendant *100Henry Shepherd, and the instructions given in lieu thereof, mentioned in the defendant’s second and fourth bills of exceptions in the order they appear in the printed record, can not be revised by the court, as it does not appear from the bills of…
2Cases cited1 opinion
- Kitty v. FitzhughCourt of Appeals of Virginia · 1827
3Cited by16 opinions
- Shrewsbury v. MillerWest Virginia Supreme Court · 1877
- State v. TurnerWest Virginia Supreme Court · 1952
- Pozzie v. PratherWest Virginia Supreme Court · 1967
- Coal Run Coal Co. v. CecilWest Virginia Supreme Court · 1923
- State v. PerryWest Virginia Supreme Court · 1926
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