Report of cases determined by the Supreme Court of Appeals of West Virginia Volume 53

9781230024684: Report of cases determined by the Supreme Court of Appeals of West Virginia Volume 53
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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. 1904 edition. Excerpt: not entitled to relief under his amended answer in the nature of:1 cross bill," thereby expressly negativing the contention that there was no action upon the merits, but only an adjudication upon the exceptions, even if they had been broader than they were. Every issue of both law and fact in the case was passed upon and settled by the former decision of this Court, as the opinion, which was binding upon the court below in its further proceedings, clearly shows, and the decree pronounced upon the mandate of this Court is in exact accord therewith, and, being so, it cannot be disturbed. All these matters are ms judicafiw. This has been settled by several decisions of this Court. See Builer v. Thompson, 52 W.-Va-. 311; Koonce v. Doolittle, 48 W. Va. 592; U. S. Blowpipe' Co. v. Spencer, 46 W. Va. 690; Board of Education v. Pa1'.s"o'ns, 24 W. Va. 551; 'Mason v. Davis, 13 W. Va. 230. Appellants have misconceived the nature and eifect of the former decision of this Court. In remanding the cause for further proceedings in accordance with the principles announced in the opinion, which fully covered and disposed of the cause On its merits, it was not expected or intended that there should be a relitigation of the matters so settled, but only that the court below should further proceed by entering a decree in accordance with the decision of this Court, just as the case of Butler vThompson was remanded for the purposes of entry and execution of a formal decree of sale of the property in q1@S'Ei0I1 For the reasons aforesaid, the decree complained of is to be affirmed. ' 1. ORDER----C'l6Tk. An interlocutory order, omitted to be entered by neglect r inadvertance on the part 01'; the clerk of a court,...

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