Reports of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 13 (Paperback)

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. 1879 edition. Excerpt: ...of 1860, which 5th section, as before stated, is identical with the 4th section of chapter 129 of the Code of this State of 1868, has been adopted by the inferior courts of this State in practice to a considerable extent; and to depart from it now, without strong and overruling reasons, would not be justifiable. I feel under the circumstances authorized to adopt the views of Judge Joynes, but at the same time think, that it would be as well, and perhaps more satisfactory for our courts, in ordering an account to be taken, and directing notice of the time and place of taking it to be published once a week, &c., in some convenient newspaper, &c., to direct in the decree expressly, that such publication shall be equivalent to personal service, &c.;s we have seen, the appellant was served personally with the original writ in this cause; he was therefore before the court, and no error appearing on the face of the report of the commissioner, it the appellant desired in this case this court to pass upon any matter, upon which the report is based, cliundc the report itself, he should have excepted to the report for that cause, before it was confirmed by the court below, and thus had that court to have passed upon the exception. This I understand to be the general rule, to which there are perhaps some mceptions; but this case, as it stands, is not within any exception, as far as I am ad'iscd. For the foregoing reasons it seems to me, that there is error in said decree of March 23, 1877; and that the said municipal court should have reviewed the same, when asked to do so. It appears, that these errors were brought to the attention of the court 1nore than once after the 23d of March, 1877, and were brought directly As to t/iejinal...