Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 28
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Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 28

Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 28


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...a proper specification in writing, and to allow the defendant to meet the objection by an affidavit, giving to the afiidavit the same right which could have been given to an answer if the matter had been alleged in the bill. This is the full extent to which the settled rule of practice can be safely and conveniently relaxed, and this is the extent to which I 1mderstand it, Judge Stanard meant to go in Shugart's admimlstrator v. Thompson's adm1Im'strah-ix, 10 Leigh 434." As I understand that case and Judge Stanard's opinion, and as it was evidently understood by the court and by Judge Staples in the case of Chapman 's adm'a: V. Shepherd's adm'r et als., 24 Gratt. 389-390, the court and Judge Stanard went further, than Judge Joynes supposes in relaxing the settled rule of practice referred to by Judge Joynes. I understand _ the Virginia cases to hold that, while the rule is, that a bill to surcharge and falsify an ea: parte account of a personal representative duly made and recorded ought to set forth the items of the account, which it is desired to surcharge and falsify; yet if the error be apparent on the face of the ea: parte settlement or report, which is sought to be surcharged and falsified, there is no necessity to specially point out such error in the bill, if the ex parte account and report is filed with the bill, and there be only a general charge, that it is erroneous, and the plaintiff in his bill asks generally, that he may be permitted to surcharge and falsify such ex parte account, he will be allowed to do so to the extent, that there were errors on its face, though in his bill he has not pointed out any. His counsel may for the first time in the argument of the cause call attention...


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Product Details
  • ISBN-13: 9781234095468
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 326
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1234095467
  • Publisher Date: 14 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 585 gr


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Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 28
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