Monroe v. Bartlett

Citations

• 6 W. Va. 441
• 1873 W. Va. LEXIS 52

Syllabus

<p>Syllabus.</p> <p>1. Under the provisions of the Code of this State, a judge of a circuit court has no power or authority to render a decree in vacation, which purports to he final, as to any subject embraced by it.</p> <p>2. Upon an appeal taken from such a decree as matter of right, under the provision of chapter 135 and sections 1, 2, 3 and 4 of the Code, the appellate court will not dismiss the appeal because the decree was rendered without sufficient authority by the judge, but will take jurisdiction of the cause and decree, so far, and so far only, as to reverse the decree, and remand the cause to the circuit court, there to he proceeded with, and heard and determined according to the rules and usages governing courts of equity in this State.</p> <p>3. The judge having acted upon the cause prematurely, as well as without proper authority, it is not proper for the appellate court to determine and decree upon the merits of the case, especially as there are infant parties in interest, before the cause is first heard and acted upon by the court below.</p>