20 W. Va. 57 | W. Va. | 1882
announced the opinion of the" Court: On the 13th day of October, 1873, John T. Peerce filedhis petition under oath, praying for a new trial under the provision of chapter 58 of the Acts of the Legislature of 1872-3. The petition alleges that the petitioner was a citizen of the
On the 13th day of April, 1877, the court entered the following order, after stating the ease and reciting that it was on a petition to set aside a judgment rendered on the 21st day of June, 1865, in favor of William Adamson v. John T. Peerce, and to award a new trial under the provision of chapter 58 of the Acts of the Legislature of 1872-3 : “This day came the parties by their attorneys, and the court having heard and considered the transcript of the record of said judgment and the evidence and argument of counsel, and being satisfied of the truths of the material allegations of the plaintiff’s petition, is of opinion, that the defendant, John T. Peerce, is entitled under the provision of the statute to have the said judgment set aside and anew trial awarded him. It is therefore considered by. the court, that the said judgment be set aside and a new trial awarded the defendant thereon.”
To this j udgment the defendant in said petition obtained from this Court a writ of error and supersedeas.
Judgment Reversed.