Shipman v. Bailey
West Virginia Supreme Court
Appeal from and supersedeas to sundry decrees of tbe cir-euit court of tbe county of "Wood, rendered respectively on the 28th. day of March, 1877, on the 25th day of March, 1878, on the 10th day of September, 1878, and on the 24th day of, September, 1878, in a cause in said court then pending, wherein Samuel Shipman was plaintiff and Thomas J. Bailey and others were defendants, allowed upon the petition.of said Bailey.
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Appeal from and supersedeas to sundry decrees of tbe cir-euit court of tbe county of "Wood, rendered respectively on the 28th. day of March, 1877, on the 25th day of March, 1878, on the 10th day of September, 1878, and on the 24th day of, September, 1878, in a cause in said court then pending, wherein Samuel Shipman was plaintiff and Thomas J. Bailey and others were defendants, allowed upon the petition.of said Bailey. Hon. J. M. Jackson, judge of the fifth judicial circuit, ren-, dered the decrees appealed from. . SNYDER, Judge, furnishes the following statement of the' case: This suit was…
1Judgment of the CourtSnydeR, Judge
It is assigned as error by the appellant, that the decree of September 24, 1878, changing the decree of March 28,1877, and directing, that the debt of the plaintiff shall bear interest from April 10, 1875, instead of from April 10, 1876, was improperly made, because the plaintiff’s bill admitted, that the interest on the debt had been paid to April 10, 1876. This was clearly an error; but before this appeal was taken, the circuit court by a decree made March 8, 1880, set aside said decree of September 24, 1878, and the plaintiff1 released all rights and benefits conferred by said decree. The…
2Cases cited11 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Andrews v. PondSupreme Court of the United States · 1839
- Blount v. WindleySupreme Court of the United States · 1877
- Bradford v. McConihayWest Virginia Supreme Court · 1879
- Wilson v. LazierSupreme Court of Virginia · 1854
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State ex rel. State Building Commission v. MooreWest Virginia Supreme Court · 1971
- Barbour v. TompkinsWest Virginia Supreme Court · 1888
- Floyd v. National Loan & Investment Co.West Virginia Supreme Court · 1901
- Humphrey v. SpencerWest Virginia Supreme Court · 1892
- Bennett v. Federal Coal & Coke Co.West Virginia Supreme Court · 1912
12 more not listed; retrieve them via the Exa API.