Hall v. Bank of Virginia

Citations

• 15 W. Va. 323
• 1879 W. Va. LEXIS 29

Syllabus

<p>1. A case decided at one terni of the Supreme Oom't of Appeals, at which no motion or petition is made or filed to rehear it, cannot be• reheard by that Court upon its merits for the correction of errors of judgment in the final decree or judgment of the Appellate Court at the former term.</p> <p>2. Chapter 52 of the Acts of the Legislature of West Virginia, approved March 8, 1879, does not authorize the said Court to review and rehear any cases decided by said Corn't at the special term thereof in the months of October, November and December, 1878, for the correction of errors of judgment in the final decrees or judgments of said Court, but only for the correction of clerical errors therein.</p> <p>3. The clause in tlie Constitution requiring the Supreme Court of Appeals to ‘1 decide every point arising upon the record, and give its reasons therefor in writing” is directory and does not affect the common law rule of res judicata. Henry at al. v. Davis, 13 W. Va.</p> <p>•t. In so far as there is an apparent inconsistency or conflict in the case of Deniak v. Ludington et al. between the decree, of the 21st day of June, 187(i, and that of the 25th day of June, 1877, the latter should be taken as a modification of the former by the court below, and both decrees being before the Appellate Court at the same time and considered and acted rrpon by the Appellate Court together, the Appellate Court, in so far as it affirmed said decrees, affirmed the former as modified by the latter.</p>