NOTE.

JUDGE HOFFMAN was sick during a considerable portion of the period covered by this volume; and for this reason did not participate in the action of the Court in several cases herein reported. It is believed, however, that his absence or non-concurrence is noted, when necessary, in each case.

REPORTER.

ERRATA.

On page 29 for "W. Va., 1," read "1 W. Va., 1,"
On page 72 for "Hiland," read "Howland."
On page 74 for "McLure," read “McClure.”
On page 223 for "1863," read "1873."
On page 308 for "Peters," read "1 Peters."
On page 367 for "
Buckie," read "Bucklin."

On page 413 for "Harman," read " Wynn."

On page 415 for "8 Leigh, 647," read "8 Leigh, 628."

On page 463 for "Bailey,' read "Bayly.”

On page 551 for "Patterson," read "Patteson."

CASES DETERMINED

IN THE

SUPREME COURT OF APPEALS

OF WEST VIRGINIA,

AT THE JUNE TERM THEREOF, HELD AT WHEELING, IN
THE COUNTY OF OHIO, COMMENCING ON THE
FOURTH DAY OF JUNE, 1873, AND END-

ING ON THE TWENTY-SECOND DAY
OF JULY, 1873.*

WHEELING.

CARSKADON v. WILLIAMS.

July 19, 1873.

1. A declaration in an action of trespass, for assault and battery, and false imprisonment, which alleges the cause of complaint sufficiently to make known to the defendant what he is to answer to, so that judgment, according to law and the very right of the case, could be given, is sufficient, in substance, and a demurrer thereto should be overruled.

2. Belligerent rights having been conceded by the National Government to the Confederates, in the late Civil War, it is the duty of the Judiciary of this State to recognize the same principle, in actions against belligerents for acts done in conformity with military authority and under a military order.

3. In such actions the plea of belligerent rights is admissible.

Other cases decided at the June Term may be found reported in Vol 6, W. Va. Reports.