Capehart's Ex'r v. Dowery
West Virginia Supreme Court
An appeal from an order of the circuit court of Mason county, made on the 7th day of March, 1872, in.an action of debt, with attachment, brought by James Cape-hart’s ex’r against Joseph S. Dowery, and in which the appellants had filed their petitions, claiming respectively different portions of the property attached. The undertaking for the appeal was given in February, 1872, by the petitioners, James Lenihan, E. A. Young and others.
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An appeal from an order of the circuit court of Mason county, made on the 7th day of March, 1872, in.an action of debt, with attachment, brought by James Cape-hart’s ex’r against Joseph S. Dowery, and in which the appellants had filed their petitions, claiming respectively different portions of the property attached. The undertaking for the appeal was given in February, 1872, by the petitioners, James Lenihan, E. A. Young and others. Johnson, Judge, who delivered the opinion of the Court, gives a statement ot the case. referred to the following authorities : Bump on Fraud. Con., 62; Code W.…
1Opinion of the Court
JOHNSON, Judge:
This case was submitted while the lamented Judge Panll was on the bench, and in consequence of his death and the resignation of Judge Hoffman, it was reargued at the present term of the Court.
Judge,Panll prepared an opinion on one branch of the case, which/in justice to his memory, as I fully concur therein, I adopt as my own.
“The first question for determination is this : Was it error on the part of the circuit court to overrule the motion to quash the affidavit and attachment? Before considering this question directly, we will notice the right of the petitioning claimants, to…
2Cases cited6 opinions
- Smith v. LuceNew York Supreme Court · 1835
- Shields v. McClungWest Virginia Supreme Court · 1873
- Cooper v. HepburnSupreme Court of Virginia · 1860
- Sinnett v. Cralle's adm'rWest Virginia Supreme Court · 1871
- Young's Adm'r v. McClungSupreme Court of Virginia · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Headley v. HoopengarnerWest Virginia Supreme Court · 1906
- Delaplain v. ArmstrongWest Virginia Supreme Court · 1882
- Dunfee v. ChildsWest Virginia Supreme Court · 1898
- Hull v. Hull's HeirsWest Virginia Supreme Court · 1885
- Marling v. RobrechtWest Virginia Supreme Court · 1878
26 more not listed; retrieve them via the Exa API.