Riggs v. Lockwood
West Virginia Supreme Court
An appeal with supersedeas, granted upon the petition of Jonathan H. Lockwood, from a decree of the circuit court of the county of Marshall, rendered on the 9th day of January 1874, in a cause in chancery then pending in said court, in which William H. Biggs was plaintiff, and said Jonathan H. Lockwood was defendant. This cause is a bill for a specific performance of a contract for the sale of real estate.
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An appeal with supersedeas, granted upon the petition of Jonathan H. Lockwood, from a decree of the circuit court of the county of Marshall, rendered on the 9th day of January 1874, in a cause in chancery then pending in said court, in which William H. Biggs was plaintiff, and said Jonathan H. Lockwood was defendant. This cause is a bill for a specific performance of a contract for the sale of real estate. It does, not appear that the bill was ever filed at rules, or that any rules or orders at rules were ever taken in the case. It does not appear that the bill was ever taken for confessed,…
1Opinion of the CourtJohnson, Judge
It is objected here that the record does not show, that the bill was filed at rules, or that any rules were ever taken in the cause ; or that the bill was ever taken for confessed, either at rules, or declared to be taken for Syllabus 2. confessed in court; and that no answer was filed and no issue made in the cause; or that the defendant ever appeared in court, either in person or by counsel, in the cause. It is true that neither of the decrees entered therein show how the cause was matured for hearing. The better practice certainly is for the decree to show on its face, that the cause was…
2Cases cited4 opinions
- List v. City of WheelingWest Virginia Supreme Court · 1874
- Hickman v. PainterWest Virginia Supreme Court · 1877
- Ballow v. HudsonSupreme Court of Virginia · 1857
- Tilden v. MaslinWest Virginia Supreme Court · 1872
3Cited by5 opinions
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- Evans v. SpurginSupreme Court of Virginia · 1854
- Towner v. TownerWest Virginia Supreme Court · 1909
- Sayre v. McIntoshWest Virginia Supreme Court · 1917