Harness v. Babb's Executors

Citations

• 22 W. Va. 315
• 1883 W. Va. LEXIS 62

Syllabus

<p>The provisions of section 3 of chapter 58 of the Acts of 1872-3,'author-izing courts to set aside judgments rendered for acts done, in the prosecution of the late war, according to the usage of civilized warfare, upon affidavits and the inspection of the record in the cases therein specified, is unconstitutional and void, because the proceeding thus authorized is not “by due process of law” within the meaning of section 35 of article VIII. of our Constitution.</p>