Surber's Adm'r v. McClintic
West Virginia Supreme Court
Levi Surber filed his bill in the circuit court of Greenbrier county, against .H. D. McClintic and Oliver Thompson. An attachment was sued out and levied upon the property of the defendant, McClintic. The bill was taken for confessed as to the defendant Thompson. McClintic appeared in the cause, demurred to the bill, and filed his answer thereto. The cause was referred to a commissioner, who returned a report, which was excepted to by defendant, McClintic.
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Levi Surber filed his bill in the circuit court of Greenbrier county, against .H. D. McClintic and Oliver Thompson. An attachment was sued out and levied upon the property of the defendant, McClintic. The bill was taken for confessed as to the defendant Thompson. McClintic appeared in the cause, demurred to the bill, and filed his answer thereto. The cause was referred to a commissioner, who returned a report, which was excepted to by defendant, McClintic. On the 21st June, 1873, the court overruled the demurrer to the bill, and confirmed so much of the commissioner’s report as allowed the…
1Opinion of the CourtJohnson, Judge
The first question presented is, should the demurrer have been allowed ? Taking everything stated in the bill to be true, does it present a case for the interposition of a court of equity ? A singular fact appears by a com*242parison oí the allegations of the bill with the so-called ' mortgage, referred to as exhibit “A,” and that is, that not one of the articles of personal property described in the bill- is mentioned in said exhibit “A” except the French brandy, which is described in the bill as “one lmndi'ed and twenty-six gallons,” and in the exhibit as “one hundred and fifty gallons.”
Every…
2Cases cited9 opinions
- Lewis v. CocksSupreme Court of the United States · 1874
- Knotts v. TarverSupreme Court of Alabama · 1845
- Vanbibber v. BeirneWest Virginia Supreme Court · 1873
- Hudson v. KlineSupreme Court of Virginia · 1852
- Lafever v. BillmyerWest Virginia Supreme Court · 1871
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3Cited by9 opinions
- Shepherd v. GroffWest Virginia Supreme Court · 1890
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- Connell v. YostWest Virginia Supreme Court · 1907
- Downey v. National Fire InsuranceWest Virginia Supreme Court · 1915
- Weinrich v. WolfWest Virginia Supreme Court · 1884
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