Legal Opinion

Gill v. State

West Virginia Supreme Court

Decided November 17, 1894PublishedCited by 10 opinions

cited Code c. 35, s. 5 ; Id. c. 42, s. 48 ; 30 W. Va. 595 ; Code, c. 36, s. 3, 4 ; Code, (1849) c. 42; Code, c. 36, s. 9, 10, 12; 29 W. Va. 385. cited Code c, 35 ; 30 W. Va. 593, 596 ; Code, c. 36, s. 12.

1Opinion of the Court

Branson, President :

Eleven writs of fieri facias were issued from the Circuit Court of Harrison county in favor of the State against Mrs. Thomas Gill upon judgments against her for fines imposed for misdemeanors; and she made a motion to quash the same and levies of them, which being overruled, she has brought the case here.

Her ground for quashing the writs of fieri facias is, that upon their face they require the fines and costs to be levied *480of the goods, chattels and real estate, and she says that an . execution for a fine can not be levied out of real estate. Is' this so? At common-law an…

2Cases cited19 opinions

  1. Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
  2. Fitzgerald v. . QuannNew York Court of Appeals · 1888
  3. Martin v. RobsonIllinois Supreme Court · 1872
  4. Merrill v. City of St. LouisSupreme Court of Missouri · 1884
  5. McElfresh v. KirkendallSupreme Court of Iowa · 1873

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3Cited by10 opinions

  1. Kellar v. JamesWest Virginia Supreme Court · 1907
  2. Cook v. Citizens Insurance Co.West Virginia Supreme Court · 1928
  3. Kies v. YoungSupreme Court of Arkansas · 1897
  4. Poling v. PickensWest Virginia Supreme Court · 1911
  5. Cleaver v. JenkinsNebraska Supreme Court · 1909

5 more not listed; retrieve them via the Exa API.

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