The Encyclopedic Digest of Virginia and West Virginia Reports: Being a Complete Encyclopedia and Digest of All Virginia and West Virginia Case Law Up to and Including Volume 103 Virginia Reports and Volume 55 West Virginia Reports, Том 4Thomas Johnson Michie Michie Company, 1906 |
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Страница 105
... suit files his answer in the second , but the plaintiff in the second suit , is not made a party in the first , nor does he file an answer , but the pleadings in the two suits present the ground of claim and defense on the part of both ...
... suit files his answer in the second , but the plaintiff in the second suit , is not made a party in the first , nor does he file an answer , but the pleadings in the two suits present the ground of claim and defense on the part of both ...
Страница 106
... suit . It is treated as a mere auxiliary suit , or as a dependency upon the original West Virginia Oil , etc. , Co. v . Vinal , 14 W. Va . 637 ; Norfolk , etc. , R. Co. v . McGarry , 42 W. Va . 395 , 26 S. E. 297 ; McMullen v . Eagan ...
... suit . It is treated as a mere auxiliary suit , or as a dependency upon the original West Virginia Oil , etc. , Co. v . Vinal , 14 W. Va . 637 ; Norfolk , etc. , R. Co. v . McGarry , 42 W. Va . 395 , 26 S. E. 297 ; McMullen v . Eagan ...
Страница 107
... suit , which entitle them to affirmative relief which they can not obtain in that suit . Ragland 2. Broadnax , 29 Gratt . 420 ; West Vir - cordance with strict rules of pleading ginia Oil , etc. , Co. v . Vinal , 14 W. Va . 637 ...
... suit , which entitle them to affirmative relief which they can not obtain in that suit . Ragland 2. Broadnax , 29 Gratt . 420 ; West Vir - cordance with strict rules of pleading ginia Oil , etc. , Co. v . Vinal , 14 W. Va . 637 ...
Страница 109
... suit an answer in the nature of a cross bill , attacking any of the liens involved therein as fraudulent prefer- ences . Casto v . Greer , 44 W. Va . 332 , 30 S. E. 100. See generally , the title BANKRUPTCY AND INSOL VENCY , vol . 2 , p ...
... suit an answer in the nature of a cross bill , attacking any of the liens involved therein as fraudulent prefer- ences . Casto v . Greer , 44 W. Va . 332 , 30 S. E. 100. See generally , the title BANKRUPTCY AND INSOL VENCY , vol . 2 , p ...
Страница 112
... suit or against other defendants or against both , in order to take ad- vantage of defenses arising pendente lite , when the matter of defense arises after the cause is at issue . McMullen v . Eagan , 21 W. Va . 247 ; Hansford v . Coal ...
... suit or against other defendants or against both , in order to take ad- vantage of defenses arising pendente lite , when the matter of defense arises after the cause is at issue . McMullen v . Eagan , 21 W. Va . 247 ; Hansford v . Coal ...
Чести термини и фразе
17 Gratt 21 Gratt accused action of debt admissible alleged answer appears assumpsit aver Bank bond breach cause Chesapeake citing claim Code common law contract conveyance conveyed court of equity criminal cross bill curtesy damages death deceased declaration decree deed defendant demurrer dence deposition descent detinue discovery dismissed entitled error evidence executed executor fact failure fee simple felony fendant filed grant grantor guilty heirs held husband indictment injury intention interest intestate issue joinder judgment jurisdiction jury land laration ment Misjoinder motion Munf murrer negligence nolle prosequi non est factum nonsuit Norfolk objection offense Ohio River overruled party payment person plaintiff plea pleading possession prisoner proof proper prosecution prove railroad Rand record recover relief Richmond rule seisin slaves statute sufficient suit sustained tained taken testator thereof tion trial trust verdict West Virginia wife witness writ
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Страница 231 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Страница 445 - An officer de facto is one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third persons, where the duties of the office were exercised...
Страница 173 - If an injury has resulted in consequence of a certain wrongful act or omission, but only through or by means of some intervening cause, from which last cause the injury followed as a direct and immediate consequence, the law will refer the damage to the last or proximate cause, and refuse to trace it to that which was more remote.
Страница 226 - ... notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Страница 654 - Governor, shall be impeached, displaced, resign, or die, or otherwise become incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or the disability removed...
Страница 239 - So a licensee, who enters on premises by permission only, without any enticement, allurement or inducement being held out to him by the owner or occupant, cannot recover damages for injuries caused by obstructions or pitfalls. He goes there at his own risk, and enjoys the license subject to its concomitant perils.
Страница 203 - Upon the point of the refusal of the court to set aside the verdict, on the ground that the damages were excessive...
Страница 6 - ... an infringement or privation of the civil rights which belong to individuals, considered merely as individuals; public wrongs, or crimes and misdemeanors, are a breach and violation of the public rights and duties due to the whole community, considered as a community, in its social aggregate capacity.
Страница 10 - It would be dangerous indeed to carry the principle, that a case which is within the reason or mischief of a statute, is within its provisions, so far as to punish a crime not enumerated in the statute, because it is of equal atrocity or of kindred character with those which are enumerated.
Страница 283 - To be recovered by Bill, Plaint or Information, in any Court of Record within this Government ; •wherein no Assign, Protection, Injunction or Wager of Law, shall be allowed or admitted of.