Legal Opinion

Miller v. Zeigler

West Virginia Supreme Court

Decided March 26, 1898PublishedCited by 21 opinions

Appeal from Circuit Court, Cabell County. Suit by Jacob Miller, Sous & Co. against Jacob Zeigier in attachment proceedings. From a decree dismissing the suit, plaintiffs appeal.

1Opinion of the Court

BRANNON, PRESIDENT:

Jacob Miller, Sons & Co. instituted this suit in equity, with attachment, against Jacob Zeigier; and, the attachment haying been quashed and the suit dismissed, the plaintiffs appeal.

The defect in the attachment is that it was not signed by the clerk. There is conflicting evidence as to this; but let us say that when issued and placed in the sheriff’s hands, and when levied, it was not signed, but was later signed by the clerk, and was so when the motion to quash was made. Is an attachment void for want of a clerk’s signature? Or does it render it merely voidable? The…

2Cases cited13 opinions

  1. Wehrman v. ConklinSupreme Court of the United States · 1894
  2. Tilton v. CofieldSupreme Court of the United States · 1876
  3. Milhollen v. RiceWest Virginia Supreme Court · 1878
  4. Ambler v. LeachWest Virginia Supreme Court · 1879
  5. Capehart's Ex'r v. DoweryWest Virginia Supreme Court · 1877

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

3Cited by21 opinions

  1. Frye v. MileyWest Virginia Supreme Court · 1903
  2. Sommers v. AllenWest Virginia Supreme Court · 1897
  3. M. W. Kellogg Co. v. Concrete Accessories Corp.West Virginia Supreme Court · 1974
  4. Nicholas Land Co. v. CrowderWest Virginia Supreme Court · 1944
  5. Danser v. MalloneeWest Virginia Supreme Court · 1915

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

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