The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1885-10-31
CIRCUIT COURT.
Proceedings of the October
Term 1885.

1erm 1905.
Oct. Io.-F. M. & P. R. R.
Co. vs. w. J. Lewis and others,
proceeding to condemn land Death
of William J. Davidson suggested
and case revived in name of his
heirs.
c. D, Hawkenberry VS. Hawkins
& Stewart, appeal. Judgment by
consent for $40. al and costs.
P. ]. Martin VS. J. c. Corothers,
plaintiff is nonsuited.
State VS.. John Dietrich, liquor.
Motion to quash the indictment
and plea of not guilty and contin-
ued.
George F. Cumberledge's Admir-
VS.. H. Shriver, appeal. Judgment
heretofore rendered set aside and
case continued.
A. B. Marshall VS. Jasper Stro-
snider, case. The defendent de.
murrers to the declaration and
pleads not guilty.
Eugenius Clark VS. the county
court, case. Same order.
Martha J. Keener VS. c. and J.
EVERY, trespass qua,r elansem
t1rga. Plea ofnot guilty and order
of survey.
Farmers bank of Fairmont VS. ].
w. Strosnider and others, appeal.
New bond given by appellant
P. II. Keck VS. Clark EVERY and
Others, assumpsit to recover for at
torneys fees. Jury sworn and the
evidence heard in part. The trial
of this case occupied the attention
of the court for several days and
resulted in verdict in favor of
plaintiff for SIS.
Oct. 2o.-A. H. Sturgiss VS. T.
w. Anderson, appeal. Order for
plaintiff to file bill of particulars in
80 days.
Brice Wallace VS. Hawkins &
Stewart, appeal Judgment in &C
cordance with written agreement
filed.
First Nat. Bank of Fairmont VS.
H. T. Lough and others, judg
ment for plaintiff for 1891.
First National Bank of Fairmont
VS. Elias Metz and others. Judg-
ment for plaintiff for SSI44.
Oct 21.-John Kinsley vs. County
Court-jury empannelled.
Oct 22.-Charles Morgan VS. f.
NJ. d p. railroad Co. Demurrer
overruled.
Charles II. Conner witness failing
to attend court was fined $40 1t
was developed that the witness
had absented himself to go fox
hunting.
Oct. William S. Hoard VS. f.
G. and U. G. Hoard. Remanded to
rules.
William II. Bailey Deputy Sheriff
filed an account amounting to Sill
for boarding prisoners, which was
allowed.
Jane Rumble and husband VS.
Rhoda John and others, petition to
probate the will of Mary Britt. Or
dered docketed and an order of pub
LEGATION ordered against certain non
resident defendants.
Oct. 24.-Eugenius Clark VS. the
County Court. Defendants demur-
rer to the declaration is sustained
and case remanded to rules.
cHANCERY.
Oct. Io.-John |. Conn, Jo-
seph T. Stewart, Isaac A. Morris,
James Robinson and Thomas J.
Colebank appointed trustees for
Eden Methodist Protestant church.
Malinda Morris and others VS.
E. J. and J. P. Bowlby. The
death Of James P. Bowlby suggest
ed on the record.
John Morris, Hannaniah Hunter
and J. K. P. Ross appointed trust
ees for Forks of Cheat Baptist
church.
Oct. 2o.-Solomon H. Shriver
VS. A. ]. Santee-dismissed.
William N. Sine VS. A. M. Fox
and others-demurrer to the bill.
/. Rebecca Wolf VS. Lewis Wolf s
heirs etc. Decree constituting
Lewis VOLTS will and directing
deed to be made to George F.
Smith for 40 acres of land. w. w.
Houston special commissioner to
made deed.
Dean and Johnson VS. John M.
Davis and others, order referring
cause to J. ]. Brown commissioner
to settle accounts between plain
tiffs and Davis etc.
William c. McGrew VS. Moses
Wells and others, order of refer
ence to M. M. Dent commissioner.
S. H. Richey VS. Jno. c. and S.
c. Malone, order of referende to
M. M. Dent commissioner.
w. w. John VS. M. c. Dawson
and others. Decree by consent
ascertaining deed of coal under the
surface of the land in Bill described
and the balance of the purchase mo-
ney unpaid on the surface. Ralph
l.. Berkshire, comm, to convey
the surface to the plaintiff with GER
tain reservations.
Oct. 20.-James Morrow, Jr., VS.
Elizabeth Kinsley and others. De-
cree adjudging that the plaintiff
claim is charge on Elizabeth Kins-
ley's lands and directing c. B. Ollie
to rent out the land and to receive
the rents and apply the same to pay
ment of taxes, &c, and the residue
to this and other charges on said
land.
Oct 2l.-Serena Brookover and
husband VS. Noah Raber and others,
demurrer to bill and answer filed.
Joseph S. Whites heirs VS. Joseph
S. Whites heirs and others, referred
to M. NJ. Dent Commissioner
~ L i. 4