Cann v. Cann
West Virginia Supreme Court
UA report of a commissioner unless excepted to will be presumed by the court as admitted to be correct, not only, as to the. ■-principles of the account, but as to the evidence also.” — 21 W. Va. 262; 22 W. Va. 159; 24 W. Va. 524. e‘A party complaining of a commissioner'1 s report must point out the errors of which he complains by exception thereto so as to direct the mind of the court to it, and when he does so the parts not excepted to are presumed to be correct,” “both as…
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UA report of a commissioner unless excepted to will be presumed by the court as admitted to be correct, not only, as to the. ■-principles of the account, but as to the evidence also.” — 21 W. Va. 262; 22 W. Va. 159; 24 W. Va. 524. e‘A party complaining of a commissioner'1 s report must point out the errors of which he complains by exception thereto so as to direct the mind of the court to it, and when he does so the parts not excepted to are presumed to be correct,” “both as to the principles, and the evidence on which the parts are founded.” — 14 W. Va. 531; 18 W. Va. 185; 21 W. Va, (body-of…
1Opinion of the Court
Bent, Judge :
At March rules, 1883, in the clerk’s office of Morgan county, Harrison Cann filed his, bill in chancery against the heirs of his father’s estate to enforce payment of his claim for services rendered as evidenced by a certain duebill bearing date the 28th day of April, 1880, calling for three thousand dollars for services rendered by the plaintiff “since he became twenty-one years of age.” The plaintiff made himself a party defendant to this bill as administrator of decedent.
The only appearance for the defendants is the answer of the infants Silas Largent and Elizabeth Largent, by…
2Cases cited7 opinions
- Rader v. NealWest Virginia Supreme Court · 1878
- Prather v. ZulaufIndiana Supreme Court · 1871
- Pershing v. CanfieldSupreme Court of Missouri · 1879
- Riley v. RileyWest Virginia Supreme Court · 1893
- Thomas v. WatkinsWisconsin Supreme Court · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Rowan v. ChenowethWest Virginia Supreme Court · 1901
- Gooch v. GoochWest Virginia Supreme Court · 1911
- Armstrong v. StoneSupreme Court of Virginia · 1852
- Plate v. DurstWest Virginia Supreme Court · 1896
- Cann v. Cann's HeirsWest Virginia Supreme Court · 1898
14 more not listed; retrieve them via the Exa API.