Board of Education v. CrawFord

Citations

• 14 W. Va. 790
• 1879 W. Va. LEXIS 10

Syllabus

<p>1- Where a circuit court upon a writ of error and supersedeas reverses the final judgment of the county court in an action at law, and retains the cause for a new or final trial in that court, the judgment of reversal of the circuit court is generally such a final judgment as is the subject of writ of error or supersedeas from the Supreme Court of Appeals, if the Supreme Court of Appeals otherwise has jurisdicton in the case.</p> <p>2. A summons issued on the 27th day of November, 1877, in an action of unlawful detainer by a justice of the peace describes the premises in controversy as “one certain school-house and lot, situate in Kanawha county, and State of West Virginia, in the school-district of Union, and sub-division No. 15 of said school-district.” Held. That the description of the premises in controversy is not sufficiently certain to meet the requirements of the law in such case.</p> <p>3. Whether in such action the description in the summons be general or special it should generally be such, as that therefrom the locality of the premises in question may be ascertained, and the premises he identified with reasonable certainty.</p>