The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1880-03-20

CONTINUED from last week. J

Law.
O.P. Jolliff VS.. Joiliff & BeIl--assump-
sit. saw log ca.e.) Judgment for the
plaintiff for $l52.5o aud costs, with in>
terest until paid. Berkshire & Hagans
for plaintiff Keck L Hough for defend
ants
smyth & Chess vs. Catharine Darnell
-ejeetment The verdict rendered in
this cause at the last term Is set aside,
aud a new trial granted. and ordered
that the county surveyor make new
survey of the lands In controversy, aud
report to Court
John II. Hoffman, General Receiver
of this Court, this day gave new bond
in the penalty of $4,000, with Emrod
Tenant ard Hon. VIM. Price rs sure
ties.
I'll. N. Mackey W.. C. w. FipneIs ex-
ecutrix- assumpsit. The plaintiff filed
an account or Bill of Particulars rs a
counter offset
State VS.. Daniel O'Grady-feiony.
| The defendant confesses to taking S25. 90
from VIM G.. McGrew year or SO ago,
and the Prosecuting Attorney withdraws
his right To prosecute for felony. and
elects to prosecute for a misdemeanor,
and by consent, the prisoner, Daniel
O'Grady, agrees to take 30 days in Hotel
de Grow, and thus ends the O'Grady
case.
George B. Jarrett's use VS. Charles w.
FinnelPs Observation-Disclosures
The defendant suggests that the said
George b. Jarrett is not a resident of this
State. and that security for costs is re.
quired of him. Whereupon the plain
tiff filed a bond, with security. as re-
quired by law.
John Porter VS. Eliza L. Morgan-up-
OH a writ of supersedeas to judgment
of the County Court against the plaintiff
for his costs. Therefore il seems to this
Court that there is no error in the said
judgment. Therefore 1t Is considered
that the same be affirmed, and that the
defendant recover against the plaintiff
his costs.
Howard A. Sturgiss VS.. A. s. Vance
assumpsit. Office judgment set aside,
and the defendant says he did not prom
Use in manner and form rs the plaintiff
hath complained Of him, and of this he
puts himself upon the country, and the
plaintiff likewise.
Teri Ramsey vs. Simeon j. Everley-
/ detinue- The defendant pleads that he
doth not dctain the Black Stallion, In
the declaration mentioned, In manner
as the plaintiff has complained, and OF
this he puts himself upon the country
and the plaintiff likewise, and the office
judgment is set aside
Merchants National Bank VS.. VIM.
| N. Stewart-debt Office judgment set
aside, and the defendant filed general
demurrer to the declaration, and each
count, &c. The demurrer being argued
the same is overruled. Defendant filed
a special plea, to which the plaintiff has
60 days to reply thereto.
Sarah A. Gay VS. Eliza l.. Morgan ct
al.-debt. jury being selected accord
ing to law, and after hearing the evi,
dence and argument of counsel, upon
their oaths do say: We, the jury, find
for the plaintiff the sum of 81 1850,
being the amount of the debt and inter.
est to this date. And we also find that
this was usurous contract.
George w. McVicker VS.. VIM. s. Co
bun-assumpsit On motion of the
plaintiff, by his attorney, he has leave
to amend his declaration In open Court,
and to file an amended Bill of Particu-
lars In go days. And for reasons appear
ing to the Court this cause is continued
until the next term, at the costs OF tire
plaintiff.
James r. Hess ct al. VS. James V.
|
Boughner-notice.
James V. Boughner vs. J. J. johnson
notice.
BY consent Of the parties these two
causes aredismissed agreed.
VIM. N Stewart VS. Mordecai Barnes
-assumpsit, S. OF J. The plaintiff, waiv-
ing rule OH the award in this cause, it
is considered by the Court that the plain.
tiff recover $1S.3l, with interest, togeth>
or with his costs, before the Justice, be-.
fore the arbtrators (Which is $3.50, and
SO allowed the arbtrators), in the Coun-
ty Court, and here in this Court by him
aqeut his suit expended, the Court certi
flying that the amount in controversy in
this suit exceeds 500.
NJ N. Bank VS.. Chadwick IL Hoffman
y-debt. Defendant Hoffman moved the
Court for re-hearing or new trial, on
the ground that the finding against the
defendants was not warranted by the
evidence and facts In the case, but the
Court overruled said motion, and re-
fuse,i to give new trial, and gave judg-
ment on said finding, to which opinions
and ruling the said defendant, Hoffman
by his counsel, excepted. and rendered
his Bill of Exceptions. which were re-
ceived, signed and sealed by the Court,
and ordered to be made part OF the re-
cord in the cause.
Sarah A. Gay VS. Eliza l.. Morgan ct
al.--debt. Upon the trial Of this cause
the defendant excepted to four general
opinions of the Court given upon the
said trial, and rendered his four Bills of
Exceptions which were received signed
and sealed by the Court, and ordered to
be made part of the record in the cause.
The following accounts, duly verified
by affidavits, were ordered to be certified
to the Auditor for payment out of the
State Treasury, viz
To McGrew d Co., for clothing furn
isbed for prisoners in Jail, 1910.
To Lee Roy Crow, for boarding pris-
oncrs in Jail, $l49.50. n
To T. Pickenpaugh, for clothing for
prisoners in Jail, $500.
There were several judgments entered
up during the week.
CHANCERY
Thomas H. Barnes, &c. VS. Mary e.
Dorsey, &c. Death of Lavara Hertzog
suggested, and revived in the name OF
Samuel Hackney, her administrator.
Moses Steele, &c VS.. VIM H. Satter-
fields administrator ct al. Ordered that
Special Commissioner Moreland collect
the proceeds of said sale as authorized
and directed in Inst decree, aud disburse
the same to the parties entitled to the
same, respectively.
| 4