Lyttle v. Cozad
West Virginia Supreme Court
Appeal from and siqoersedeas to a decree of the circuit court of the county of Lewis, rendered on the 6th day of March, 1878, in a cause in said court then pending, wherein John S. Lyttle and John Sutton, guardian of William Sutton, were plaintiffs, and George Cozad and others were defendants, allowed upon the petition of said Cozad. lion. John Brannon, judge of the sixth judicial circuit, rendered the decree appealed from.
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Appeal from and siqoersedeas to a decree of the circuit court of the county of Lewis, rendered on the 6th day of March, 1878, in a cause in said court then pending, wherein John S. Lyttle and John Sutton, guardian of William Sutton, were plaintiffs, and George Cozad and others were defendants, allowed upon the petition of said Cozad. lion. John Brannon, judge of the sixth judicial circuit, rendered the decree appealed from. GrREEN, Judge, furnishes the following statement of the case: John S. Lyttle ancl John Sutton, guardian of William Sutton, instituted their suit in chancery in the circuit…
1Judgment of the CourtGreen, Judge
The first question presented by this record is, whether the circuit court ought not to haim dismissed the bill, because of the want of jurisdiction on the part-- of a court of equity in the case; there being no affidavit accompanying the bill, of the -loss of the bond of the commissioner of sale, which bond the plaintiffs sought.in this suit to enforce. The bill was not verified by affidavit, nor was any affidavit fileduvith the bill of the fact of the bond having been lost. The bill aauis filed at January rules, 1874. On March 5, 1874, J. M. Bennett filed his ausAver, in which he insists,…
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