The Bar: West Virginia, Volume 18West Virginia Bar Association., 1911 |
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... reproduction follows the original in every detail , and no attempt was made to correct errors and defects in typography . Buffalo , N. Y. February 1963 DENNIS & CO . , INC . THE BAR TO THE LEGISLATURE : The appetite for new.
... reproduction follows the original in every detail , and no attempt was made to correct errors and defects in typography . Buffalo , N. Y. February 1963 DENNIS & CO . , INC . THE BAR TO THE LEGISLATURE : The appetite for new.
Page 17
... error based on bills of exception simply giving what the evi- lence tended to prove on the particular point excepted to . there was some excuse for this course of procedure but now since all common law cases , civil and criminal , with ...
... error based on bills of exception simply giving what the evi- lence tended to prove on the particular point excepted to . there was some excuse for this course of procedure but now since all common law cases , civil and criminal , with ...
Page 18
... error in the record , either through numerous and conflicting instructions , or in the rulings of the court upon admission or rejection of evidence or otherwise , and generally none of it has little if anything to do with the real ...
... error in the record , either through numerous and conflicting instructions , or in the rulings of the court upon admission or rejection of evidence or otherwise , and generally none of it has little if anything to do with the real ...
Page 19
West Virginia. reflect upon the doctrine of harmless error , the more clearly we will see that it is in strict harmony with the philosophy of the lew , and that its recognition and enforcement by appellate courts is absolutely necessary ...
West Virginia. reflect upon the doctrine of harmless error , the more clearly we will see that it is in strict harmony with the philosophy of the lew , and that its recognition and enforcement by appellate courts is absolutely necessary ...
Page 20
... error as to any matter of pleading or pro- cedure , unless in the opinion of the court to which application is made , after an examination of an entire case , it shall affirm- atively appear that the error complained of has resulted in ...
... error as to any matter of pleading or pro- cedure , unless in the opinion of the court to which application is made , after an examination of an entire case , it shall affirm- atively appear that the error complained of has resulted in ...
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Common terms and phrases
accused action admission Affirmed alleged amendment Andrew Toth application attorney Bar Association Barbour County bill Brannon Cabell County cause circuit court clerk Code Constitution contract corporation County Court of Appeals court of equity creditor criminal damages debt decision declaration decree deed defendant delay demurrer election enforce equity error evidence executive fact Federal filed fraud furnished give grantee injury insanity interest Judge judgment judicial judiciary jurisdiction jury justice Kanawha County land lawyers legislative legislature liable lien matter McDowell County meeting ment Miller opinion party person plaintiff pleading Poffenbarger practice President procedure profession provisions purchase purpose question Randolph County reason record reform Remanded Reversed rules Senate statute statute of frauds suit Supreme Court SYLLABUS term thereof tion trial trust Uncle Sam United verdict West Virginia Wetzel County White Sulphur Springs writ
Popular passages
Page 42 - To lay with one hand the power of the government on the property of the citizen, and with the other to bestow it upon favored individuals to aid private enterprises and build up private fortunes, is none the less a robbery because it is done under the forms of law and is called taxation.
Page 17 - The right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied. Priority of appropriation shall give the better right as between those using the water for the same purpose; but when the waters of any natural stream are not sufficient for the...
Page 20 - No judgment shall be set aside or new trial granted in any cause, civil or criminal, on the ground of misdirection of the jury or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure unless, in the opinion of the court to which the application is made, after an examination of the entire cause, it shall affirmatively appear that the error complained of has resulted in a miscarriage of justice.
Page 1 - But how much nobler will be the Sovereign's boast, when he shall have it to say, that he found law dear, and left it cheap ; found it a sealed book— left it a living letter ; found it the patrimony of the rich — left it the inheritance of the poor ; found it the two-edged sword of craft and oppression — left it the staff of honesty and the shield of innocence...
Page 26 - This provision of the Arizona constitution, in its application to county and State judges, seems to me so pernicious in its effect, so destructive of independence in the judiciary, so likely to subject the rights of the individual to the possible tyranny of a popular majority, and, therefore, to be so injurious to the cause of free government, that I must disapprove a constitution containing it.
Page 27 - So Twashtri said: Very well : and gave her back again. Then after only three days, man came back to him again, and said : Lord, I know not how it is ; but after all, I have come to the conclusion that she is more of a trouble than a pleasure to me : so please take her back again.
Page 7 - there is no liberty, if the power of judging be not separated from the legislative and executive powers.
Page 29 - Prize can only be exercised against them in the form of an action in damages for the injury caused by the capture.
Page 20 - Married women shall have power to engage in any business, and to contract, whether engaged in business or not, and to sue separately upon their contracts, and also to sue separately for the recovery, security, or protection of their property, and for torts committed against them, as fully and freely as if they were unmarried...
Page 26 - Lord, this creature that you have given me makes my life miserable. She chatters incessantly and teases me beyond endurance, never leaving me alone; and she...