Reports of Cases Argued and Determined in the Supreme Court of Appeals of West Virginia, Volume 8Tribune Company Press (etc.), 1891 |
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Common terms and phrases
action Admr aforesaid agreement alleged amount answer appears appellee August Term authority award bill of exceptions bill of review Cannel Coal Company cause circuit court city of Wheeling claim Code commissioner Constitution contract conveyed county court court of equity creditor debt declaration decree deed defendant defendant's demurrer entitled error evidence execution executors Exor facts fendant fieri facias filed Gas Company granted Gratt Greenbrier county heirs indictment interest James Capehart January Term Judge judgment June Term jury Kanawha county land Legislature lien McCluney ment Miller murder Nichols overruled paid parties payment person Peyton plaintiff plea president proceedings proper prove provides purchase money question reason record rendered Rockhold section of chapter sold statute statute of frauds suit testator therein thereof thereto tion tract trial trust verdict Virginia Cannel Coal West Virginia Western Mining witness writ
Popular passages
Page 639 - Every act shall embrace but one subject and matters properly connected therewith ; which subject shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 701 - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body, by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
Page 109 - ... or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto...
Page 109 - It is further enacted, that no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized...
Page 109 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 657 - The Congress is the legislative department of the government; the President is the executive department. Neither can be restrained in its action by the judicial department; though the acts. of both, when performed, are, in proper cases, subject to its cognizance.
Page 319 - Jones a certain tract or parcel of Land lying and being in the County of Franklin on the Waters of Nicholas Creek, containing three hundred and twenty two acres, more or less...
Page 497 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 654 - The Governor shall be commander-in-chief of the military and naval forces of the State (except when they shall be called into the service of the United States); and may call out the same to execute the laws, suppress insurrection, and repel invasion.
Page 653 - Convention which passed the ordinance of government, laid its foundation on this basis, that the legislative, executive and judiciary departments, should be separate and distinct, so that no person should exercise the powers of more than one of them at the same time.