Simmons v. Simmons
West Virginia Supreme Court
Appeal from Circuit Court, Roane County. Suit by Earle Simmons against W. S. Simmons, Susan Simmons, (now Rader,) and Lula A. Simmons, with answer and cross-bill by them against W. S. Simmons and others, inter-pleaded defendants. Decree for plaintiff and defendants Susan Rader and Lula A. Simmons, referring cause to a commissioner for an accounting of rents and profits, and defendants W. S. Simmons and others appeal.
1Opinion
On Rehearing; it was argued by counsel that the decree on the award ought to be regarded simply as a confirmation by or approval of the court of the prior compromise agreement between the parties. One objection interposed to this is that the decree was without rule or process against the parties, required by chapter 108 of the Code. If the rules there prescribed control the court on giving approval to a compromise of infants’ rights, process or rule would be necessary, for the remedy being statutory and involving infants’ rights should be strictly construed. Process would then be necessary to…
2Cases cited7 opinions
- Fowler v. Lewis's Adm'rWest Virginia Supreme Court · 1892
- Bowyer v. SeymourWest Virginia Supreme Court · 1878
- Estate of CarpenterCalifornia Supreme Court · 1900
- Woofter v. MatzWest Virginia Supreme Court · 1912
- Harris v. WyattSupreme Court of Virginia · 1912
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