Taylor v. Boughner
West Virginia Supreme Court
Writ of error to a judgment of the circuit court of the county of Ritchie, rendered on the 6th day of May, 1879, . in a case in said court then pending, in which James Taylor was plaintiff, and D. Boughner, Jr., and others were defendants, allowed upon the petition of the said defendants. Hon. J. M. Jackson, judge of the fifth judicial circuit, rendered the judgment complained of.
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Writ of error to a judgment of the circuit court of the county of Ritchie, rendered on the 6th day of May, 1879, . in a case in said court then pending, in which James Taylor was plaintiff, and D. Boughner, Jr., and others were defendants, allowed upon the petition of the said defendants. Hon. J. M. Jackson, judge of the fifth judicial circuit, rendered the judgment complained of. Moore, Judge, furnishes the following statement of the case: This was an action of covenant brought by Taylor against the defendants, in the circuit court of Ritchie county, to recover damages for breach of…
1Opinion of the CourtMoore, Judge
The Court is of opinion that the bill of exceptions, neither setting forth the writing obligatory which is the foundation of the suit, nor the imperfect copy of the same as offered in evidence by the defendants and rejected by the court, is so unintelligible as to render it impossible for this Court to say that the defendants were prejudiced by such rejection. The party complaining, in the Appellate Court, of the rejection of evidence by the court below, must state the facts or evidence in his bill of exceptions, from which it must appear affirmatively, to the Appellate Court, that he was…
2Cited by7 opinions
- Edgell v. ConawayWest Virginia Supreme Court · 1884
- Delmar Oil Co. v. BartlettWest Virginia Supreme Court · 1907
- McManus v. MasonWest Virginia Supreme Court · 1897
- Second Nat. Bank of Titusville v. CaldwellDistrict Court, W.D. Pennsylvania · 1882
- Stoneman v. CommonwealthSupreme Court of Virginia · 1874
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