Report of Cases Determined by the Supreme Court of Appeals of West Virginia, Volume 69West Publishing Company, 1912 |
Contents
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Common terms and phrases
acres action adverse possession Affirmed agreement alleged amended amount appeal application attorney authority avers Bank bill BRANNON brings error cause charge CHARLESTON circuit court cited claim clause coal commissioner common law Company Constitution contract conveyed county court court of equity Dandridge Decided declaration decree deed of trust defendant in error defendant's demurrer denied Diller easement equity Error to Circuit evidence execution fact filed grant heirs injury instructions interest JUDGE judgment jurisdiction jury Kanawha county land Leatherman liability lien lots Lumber mandamus ment motion negligence notice owner Pageton paid parties payment person plaintiff in error plat plea possession proceedings prove purchase question Railroad Railroad Co Railway Randolph County reason reconsider record refused Remanded Reversed road rule says Senate servant sold statute Submitted suit Teter thereof timber tion tract trial verdict writ of error
Popular passages
Page 443 - All subjects over which the sovereign power of a State extends, are objects of taxation; but those over which it does not extend, are, upon the soundest principles, exempt from taxation.
Page 443 - The attempt to use it on the means employed by the government of the Union in pursuance of the constitution is itself an abuse, because it is the usurpation of a power which the people of a single state cannot give.
Page 528 - When a motion has been once made and carried in the affirmative or negative, it shall be in order for any member of the majority to move for the reconsideration thereof, on the same or the succeeding day: and such motion shall take precedence of all other questions, except a motion to adjourn.
Page 142 - ... any common carrier, railroad or transportation company, to which such property may be delivered or over whose line or lines such property may pass, and no contract, receipt, rule or regulation shall exempt such common carrier, railroad or transportation company from the liability hereby imposed...
Page 443 - We are not driven to the perplexing inquiry, so unfit for the judicial department, what degree of taxation is the legitimate use, and what degree may amount to the abuse of the power.
Page 142 - That any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it...
Page 241 - Where a man, having a close surrounded with his own land, grants the close to another in fee for life or years, the grantee shall have a way to the close over the grantor's land, as incident to the grant, for without it he cannot derive any benefit from the grant ; so it is where he grants the land and reserves the close to himself.
Page 443 - The sovereignty of a State extends to everything which exists by its own authority, or is introduced by its permission;" but not "to those means which are employed by congress to carry into execution powers conferred on that body by the people of the United States.
Page 109 - For the reason stated, the judgment will be reversed, the verdict set aside and the case remanded for a new trial.
Page 54 - ... its wires and appliances at its pay station as to protect from danger those who used them, and that, if it failed to do this and Brucker was injured by reason of the appliances not being free from danger, they should find for him. The court refused to so instruct the jury, and instructed them that they should find for the plaintiff if they believed from the evidence that the defendant carelessly or negligently failed to so protect its wires and appliances, etc. The The jury found for the defendant,...