McKinney v. Kirk & Bro.
West Virginia Supreme Court
Appeal from, and .supersedeas to,, a decree of the circuit co.urt of Ritchie county, rendered on the twenty-firstday of October, 1875, in a. suit therein pending, wherein James McKinney, Jr., was complainant and 'William Kirk and David Kirk, partners in business as Kirk & Bro., respondents.
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Appeal from, and .supersedeas to,, a decree of the circuit co.urt of Ritchie county, rendered on the twenty-firstday of October, 1875, in a. suit therein pending, wherein James McKinney, Jr., was complainant and 'William Kirk and David Kirk, partners in business as Kirk & Bro., respondents. The appeal \yas .granted o.n the petition of Kirk,& Bro., The .opinion of the Court, contains a sufficient statement of the case. . The Hon. James M., Jackson, judge of said circuit court,, presided at the hearing below..
1Opinion of the Court
Edmistox, Judge :
This is an appeal from a decree rendered on the twenty-first. day of October, 1875, by the circuit court of Ritchie county.- It appears from the transcript of the record, that a suit was instituted by the appellee against the appellants on the twenty-first day of February, 1873, to obtain a decree for the amount due the plaintiff, evidenced by three notes. One note calls for the payment of $100, the second $618, and the other for $40. The first bearing interest from the first of December, 1871, the second the twenty-fourth June,-1872, the other from the twenty-eighth January…
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