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acceptance acres action aforesaid agreement alleged amount Andrew Cronin answer Appeal from Circuit appellee assigned Bank Barbour county Belington bill cause chancery chapter CHARLESTON circuit court claim coal Code commissioners Company contract conveyed corporation county court court of equity creditors debt declaration decree deed of trust defendant demurrer Despard dollars entitled error evidence execution fact filed fraud further grantor Grat Harrison county held hundred Hursey interest interpleader Judge judgment jurisdiction jury lease lien Lipscomb Marsh ment Minear Moundsville notice owner paid parties payment person petition plaintiff plaintiff in error plat possession proceedings purchase money purpose question Railroad real estate reason record Reversed Roane county rule says Snyder sold statute Submitted June suit taxes Taylor county thereof thereto timber tion tract of land Tucker county void W. B. Maxwell West Virginia writ
الصفحة 129 - Where a motion for a new trial is made on the ground that the verdict Is contrary to the evidence, and the...
الصفحة 124 - Sales, 1st ed. 424, 2d ed. § 568, that " a mere assertion that the party will be unable, or will refuse to perform his contract, is not sufficient ; it must be a distinct and unequivocal absolute refusal to perform the promise, and must be treated and acted upon as such by the party. to whom the promise was made ; for, if he afterwards continue to urge or demand a compliance with the contract, it is plain that he does not understand it to be at an end.
الصفحة 496 - Now it has been long established, that the ordinary course of water cannot be lawfully changed or obstructed for the benefit of one class of persons to the injury of another. Unless, therefore, a sound distinction can be made between the ordinary course of water flowing in a bounded channel, at all usual seasons, and the extraordinary course which its superabundant quantity has been accustomed to take at particular seasons, the creation and continuance of these fenders cannot be justified. No case...
الصفحة 507 - 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...
الصفحة 507 - ... 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, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages notwithstanding the death of the person injured . . . Section 2.
الصفحة 538 - It was also held in that case that the complainant should annex to his bill an affidavit that there is no collusion between him and any of the parties...
الصفحة 258 - ... a surety, is entitled to be subrogated to all the rights and remedies of the creditor whose debt he is compelled to pay...
الصفحة 507 - ... although the death shall have been caused under such circumstances as amount in law to felony.
الصفحة 508 - ... in every such action the jury may give such damages as they shall deem fair and just, with reference to the pecuniary injury resulting from such death to the wife and next of kin of such deceased person ; provided that every such action shall be commenced within two years after the death of such deceased person.