Garrison v. Myers
West Virginia Supreme Court
An appeal, with supersedeas, allowed upon petition of of Enos Myers, to a decree of the circuit court of Mon-ongalia county rendered on the 24lh day of September, 1874, in a cause in chancery in which Enos Myers was plaintiff, and Jacob Myers and others were originally defendants, and which had theretofore been before the Supreme Court of Appeals, and reversed with costs, in favor of the said defendants below, who thereupon issued a soire.facias to revive the decree of the…
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An appeal, with supersedeas, allowed upon petition of of Enos Myers, to a decree of the circuit court of Mon-ongalia county rendered on the 24lh day of September, 1874, in a cause in chancery in which Enos Myers was plaintiff, and Jacob Myers and others were originally defendants, and which had theretofore been before the Supreme Court of Appeals, and reversed with costs, in favor of the said defendants below, who thereupon issued a soire.facias to revive the decree of the Court of Appeals in the name of Alpheus Garrison, administrator of Jacob Myers. Johnson, Judge, furnishes the following…
1Opinion of the CourtJohnson, Judge
The first ground of error assigned in thé decree is,
*334“that the circuit court evidently misconstrued the case and committed a plain error in treating it as a suit in. equity, and proceeding accordingly to dispose of the issues joined on the pleas filed by the appellant, vs-~ plaintiff in error, against his protest.**
It was the old practice, when a suit becomes abated after a decree signed and enrolled, to revive the decree by a subpoena in the nature of a scire facias, upon the returning of which the party, to whom it was directed, might show cause against the reviving of the decree, by…
2Cited by1 opinion
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