fatal error in West Virginia

2009Moreover, it cannot be imagined that the law would deny to a prisoner the eorree *525 tion of a fatal error, unless he should waive other rights so important as to be saved by an express clause in the Constitution of the United States.” Green, 355 U.S. at 191-92 , 78 S.Ct. at 226 , 2 L.Ed.2d 199 .

2009Moreover, it cannot be imagined that the law would deny to a prisoner the eorree *525 tion of a fatal error, unless he should waive other rights so important as to be saved by an express clause in the Constitution of the United States.” Green, 355 U.S. at 191-92 , 78 S.Ct. at 226 , 2 L.Ed.2d 199 .

1981We concluded, however, that this was not a fatal error since the court had observed his conduct while testifying, and “the court felt, after such observation, that he was competent.” 157 W.

1981Va. at 1047 , 207 S.E.2d at 182 .

1930Coal & Coke Co. v. Cunninghame, 93 W.

1922This doctrine is recognized in Railroad Co. v. Railroad Co., 17 W.

1912“A bill to set aside a tax deed for defects in the proceedings under which it was sold must point out those defects.” State v. McEldowney, 54 W.

1887(Boatright v. Meggs, 4 Munf. 145 .) So, if in an action of ejectment the jury find for the plaintiff the land in the declaration mentioned, if the declaration sufficiently describes the land to enable the officer to deliver possession, a judgment may properly be rendered on such a verdict.

1886(People v. Ransom, 2 N. Y. 490 ; Commercial Bank v. Canal Commissioners, 10 Wend 26; Fisher v. The City of Charleston, 17 W.

1883The error for the want of a formal joinder of issue on pleas of this character is not a fatal error as this Court has frequently decided — Douglass v. Central Land Co., 12 W.

1883Va. 502 ; Huffman v. Alderson, 9 Id. 616 .