Smith & Atkinson v. Knight
West Virginia Supreme Court
Appeal from a judgment of the circuit court of Greenbrier county, rendered on tbe 17th day of November, 1875, in a suit at law in said court then pending, wherein Smith & Atkinson were plaintiffs, and James Knight, sheriff, was defendant, allowed on the petition of R. M. Smith. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the judgment appealed from.
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Appeal from a judgment of the circuit court of Greenbrier county, rendered on tbe 17th day of November, 1875, in a suit at law in said court then pending, wherein Smith & Atkinson were plaintiffs, and James Knight, sheriff, was defendant, allowed on the petition of R. M. Smith. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the judgment appealed from. Moore, Judge, fnrniskes the following statement of the case: Robert -M. Smith, merchant, trading under the firm and style of Smith & Atkinson,, on the 11th day. of August,'1875, filed in the clerk’s office of the circuit…
1Opinion of the CourtMoore, Judge
The 5th section of chapter 134, Code p. 637, provides:
Syllabus i. <f The court in which there is a judgment by default, or a decree on a bill taken for confessed, or the judge of said court in the vacation thereof, may on motion reverse such judgment or decree for any error for which an Appellate Court might reverse it, if the following section was not enacted, and give such judgment or decree as ought to be given.”
Section 6, referred to in the foregoing section directs that: “ No appeal, writ of error, or supersedeas shall be allowed pr entertained by an Appellate Court or judge for any…
2Cases cited4 opinions
- Cunningham v. MitchellCourt of Appeals of Virginia · 1826
- King v. BurdettWest Virginia Supreme Court · 1878
- Davis v. CommonwealthSupreme Court of Virginia · 1861
- Preston v. Auditor of Public AccountsCourt of Appeals of Virginia · 1798
3Cited by14 opinions
- Watson v. WiggintonWest Virginia Supreme Court · 1886
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Bank v. RalphsnyderWest Virginia Supreme Court · 1903
- Citizens National Bank v. DixonWest Virginia Supreme Court · 1923
- Adamson v. PeerceWest Virginia Supreme Court · 1882
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