Selvey's Executors v. Armstrong's Administrator
West Virginia Supreme Court
Error to Circuit Court, Taylor County. Motion under Code 1906, ch. 101, § 5, for contribution, by James W. Selvey’s executor against Adolphus Armstrong’s administrator. Judgment for moving party, and Armstrong dying thereafter, G. II. A.-Kunst, administrator of his estate, brings error.
1Opinion of the Court
Lynch, Judge:
On the last renewal of a former note payable to it, the First RTational Bank of Grafton sued Burnside, Selvey and Armstrong, the last two being sureties. Burnside was then, and for some years prior had been, insolvent. Armstrong having died before judgment, the action as to him was dismissed, but the plaintiff prosecuted the action to final judgment against the other defendants. After Selvey died, his executors paid the judgment, interest and costs, amounting to $770.20. They subsequently, by motion under § 5, Oh. 101, Code, recovered judgment against Armstrong’s administrator…
2Cases cited6 opinions
- Hanson v. BlakeWest Virginia Supreme Court · 1908
- Jones v. Reid Adm'rWest Virginia Supreme Court · 1878
- Thompson v. MannWest Virginia Supreme Court · 1903
- Greer v. PowellCourt of Appeals of Kentucky · 1866
- W. W. Judy & Company's Surviving Partner v. St. Louis Ice Manufacturing & Storage Co.Missouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Haller v. DigmanWest Virginia Supreme Court · 1933