The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-12-20

drmed the opinion Of the lower court
IN the case Of Grant vs.. Wyatt ip an
opinion by Judge Cox, the salient
points of which are as follows:
i, A demurrer, although not ex.
pressly provided for by the statute.
may be interposed by the defendant to
the plaintiffs complaint in an action
before a justice. and such demurrer,
will be treated as an exception TO the
complaint.
2. The limit Of the liability Of a
surety on an approval bond given un-
der Sec. 1854, G. so, Code 1906, condi-
toned that the appellant will per.
form and satisfy any judgment which
may be rendered against him by the
Circuit Court on such appeal, is the
penalty of the bond.
3. Where upon trial of the action
upon appeal there Is found TO be due
to the appellee a greater sum than
the penalty Of such appeal bond Cbat
not above justices jurisdiction and
Judgment for such sum is entered
against the appellant and his surety
on the bond and the appellee at the
fine OF Judgment Is allowed 10 file a
remittltur or release as to the surety
of the excess above the penalty Of the
bond, the Judgment allowing the re-
mIttitur is not void or preiudlclal to
The appellant OF his surety.
Attorney Brown asked that the court
extend and broaden the writ Of man
damus issued in the King land case
compelling Judge Mason to permit
certain petitions 10 be filed. Attorney
Campbell notified the court that he
would object. The matter will be Sub
mtted when the court reconvenes. a
The following are the cases in which
decisions were rendered Tuesday:
Aggleson VS.. Middle State Loan,
Building and Construction Company,
from Tucker county; decree reversed
and bill in part dismissed. Opinion by
Judge Cox.
Grant. VS., Wyatt. from Jefferson
county: affirmed. Opinion by Judge
PoRenbarger.
County court vs. Holt, judge, from
Taylor county; writ erfnsed. Opinion
by Judge Potfenbarser.
Johnson VS.. Ohio River Railroad
Company from Wood county; modified
and amended Opinion by Judge Pof'
fGnbarger.
Walls VS.. Qufall Co.. from Pres.
ton county: Judgment reversed. 0pin'
ion by Judge Bramon.
Jackson VS.. Strader, from Randolph
county: decree affirmed. Opinion by
Judge Brannon.
c. D. Gillespie VS.. Scottish Union &
National Insurance Company, from
Tucker county: reversed and bill dis.
missed. Opinion by President Nc
Whorter.
The following were the cases re-.
celved:
J. P. Campbell VS. ]. L. Clair ct al.
from Monroe county; appeal and su'
persedeas refused.
Wilson VS.. Kennedy. from Monongalia
county; appeal and supersedeas refas'
ed.
Moses Isner VS.. John F. Nydegger,
from Randolph county; appeal and su.
persedeas allowed.
Abram A. Hudkns VS.. L. H. Grim
ct al, from Barbour county, appeal and
supeTedeas refused.
CASTOR VS.. Beeghley, from Lewis
county: writ OF error and supersedeas
refused.
Russell L. Morris VS.. G. A. Northcott
ct al, from Cabell county; appeal and
supersedeas refused.
Fred Mayer VS.. II, f. Evaps ct al,
from Summers county; writ Of error
and supersedeas refused.
James Starn VS.. Samuel F. Huffman
ct ell, from Marion county; appeal and
supersedeas refused,
Emma A, Reed VS.. S. C. Peters, from
Momoe county; writ of error and SUI
persedeas refused.
blanche c. Robertson vs.. W. Fl.
Robertson, from Randolph county;
appeal and supersedeas allowed.
jasper l.. Fox vs. Solomon G. Yoke
ct al, from Lewis county; appeal and
supersedeas refused,
]. W. Dudley VS.. G. w Nlswander
G Co., from Wood county; appeal and
supcrsedeas allowed.
Bertha Cooper, by next friend, VS.,
ASA Cooper ct al, from Randolph
county; appeal and supersedeas refns'
ed, because no final decree.
o. S. Wilson VS.. ]. b. Carrico, from
Tucker county; appeal and suppressed
cas- refused.
stnIn vs. L. D. Rose. from BraxtOn