Graham v. Graham
West Virginia Supreme Court
Appeal from and supersedeas to two decrees of the circuit court of the county of Monroe, rendered, one on the 17th day of May, 1879, and the other on the 19th day of May, 1879, in a cause in said court then pending, wherein John Graham and others were plaintiffs, and James Graham and others were defendants, allowed upon the petition of said James Graham. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to two decrees of the circuit court of the county of Monroe, rendered, one on the 17th day of May, 1879, and the other on the 19th day of May, 1879, in a cause in said court then pending, wherein John Graham and others were plaintiffs, and James Graham and others were defendants, allowed upon the petition of said James Graham. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from. Haymond, Judge, furnishes the following statement of the case : On the 5th day of October, 1859, Lanty Graham, John Newlin and Florence, his wife,…
1Opinion of the CourtHaymond, Judge
The errors assigned in the petition are substantially, first, that the demurrer to rhe petition of Kelly, administrator, ought to have been sustained; and second, be*620cause the statute of limitations was a bar to any relief sought by the petition."
I propose to consider these two assignments of error together. Waiving all technical questions in the case I proceed at once to consider the main question in the cause; and that is, whether the petitioner Kelly,administrator. was barred by the statute of. limitations in this case. From the pleadings and evidence in the cause I apprehend there can be…
2Cited by1 opinion
- Laidley v. LaidleyWest Virginia Supreme Court · 1885