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Snodgrass v. Copenhaver

Snodgrass v. Copenhaver, 12 S.E. 695 (W. Va. 1890)
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Court
West Virginia Supreme Court · State Highest Courts
Decided
November 25, 1890
Judges
Holt
Citations
12 S.E. 69534 W. Va. 1711890 W. Va. LEXIS 65
Headnotes
Apiusat, — W AI VISE. Where a case is tried by a jury and á verdict rendered and a motion made to set aside the verdict and grant a new trial, and such motion is overruled by the trial-court, the record must show that exception was taken or objection made to the overruling of such motion, or the appellate court will deem all errors to have been waived.
Summary
cited: II Gratt. 172; 18 W. Ya. 598; 27 W. Ya. 770 ; 7 W. Ya. 246-251. cited: 31 W. Va. 363, 364; 29 W. Va. 777; 28 W. Va. 220; 26 W. Va. 274; 24 W. Va. 657, 658 pts 3, 4, Syll.; 26 W. Va. 150; Code c. 71 s. 11; 7 W. Va. 332, 233; 2 Tuck. Comm. 438, 440; 19 Gratt. 720; 6 Mnnf. 38; Code c. 73 s. 4. .

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Holt

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Holt, Judge:

This was an action of ejectment tried in the Circuit Court of "Wetzel county with verdict and judgment for the plaintiff. During the progress of the trial various exceptions were taken to rulings of the court and noted on the record; and a motion was made by defendants Copen-haver and Barkus to the court below to set aside the verdict of the jury and grant them anew trial which motion the court overruled. The record does uot show that any objection was made or exception taken to such rulings therefore this Court can not look into the assignment of errors contained in the bill of exceptions. State v. Hollins, 31 W. Va. 363 (6 S. E. Rep 923); Brown v. Brown, 29 W. Va. 777 ( 2 S. E. Rep. 808 ); Congrove v. Burdett, 28 W. Va. 220 ; Danks v. Rodeheaver, 26 W. Va. 274 ; State v. Thompson, Id. 149; State v. Phares, 24 W. Va. 657 ; Riddle v. Core, 21 W. Va. 530 ; Shrewsbury v. Miller, 10 W. Va. 115 . The judgment of the Circuit Court is therefore affirmed.

AeRIRMED.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1919: 119192026peak 1919 · 1

Relies on it most ⓘ

  1. Wescott v. Des Moines City Railway Co.187 Iowa 1373 (1919)

Most recent

  1. Wescott v. Des Moines City Railway Co.187 Iowa 1373 (1919)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 7

DepthCaseCited by
Brown v. Brown, 2 S.E. 808 (W. Va. 1887) 10
Shrewsbury v. Miller, 10 W. Va. 115 (1877) 48
Danks v. Rodeheaver, 26 W. Va. 274 (1885) 30
State v. Phares, 24 W. Va. 657 (1884) 24
Riddle v. Core, 21 W. Va. 530 (1883) 14
Congrove v. Burdett, 28 W. Va. 220 (1886) 11
State v. Rollins, 6 S.E. 923 (W. Va. 1888) 7

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