Reinhard, Meyer & Co. v. Baker
West Virginia Supreme Court
Appeal from and sv/persedeas to a decree of the circuit court of the county of Ritchie, rendered on the 26th day of October, 1877, in a cause in chancery, in said court then pending, in which Reinhard, Meyer & Co. were plaintiffs, and Thomas D. Baker and J ohn B. Upton were defendants, allowed upon the petition of said John B. Upton. Hon. James M. Jackson, judge of the fifth judicial I circuit, rendered the decree appealed from.
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Appeal from and sv/persedeas to a decree of the circuit court of the county of Ritchie, rendered on the 26th day of October, 1877, in a cause in chancery, in said court then pending, in which Reinhard, Meyer & Co. were plaintiffs, and Thomas D. Baker and J ohn B. Upton were defendants, allowed upon the petition of said John B. Upton. Hon. James M. Jackson, judge of the fifth judicial I circuit, rendered the decree appealed from. Green, PRESIDENT, furnishes the following statement of the case: Reinhard, Meyer & Co., gave to T. B. Baker and John B. Upton a written notice, that on October 22,…
1Opinion of the Court
GreeN, PRESIDENT,
delivered the opinion of the Court:
Syllabus 1. The first error assigned by the appellant is, that he did not have sufficient notice, that a motion would be made to quash this execution. The law requires, that the adverse party should have 'reasonable notice of such motion. See Code of W. Va. ch. 140, §17, p. 671; Acts of 1872-3. cli. 124, §1, p. 437. The nine days’ notice, given in this case, must be regarded by this Court as reasonable notice, in the absence of all evi-pence, to show it to have been unreasonably short.
Section 4 of chapter 122 of the Code, p. 593, which…
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