Marstiller v. Ward
West Virginia Supreme Court
Petition for mandamus by Lee Marstiller as administrator of William M. Phares, deceased, to John Homer Holt, as Judge, and S. W. Ward. STATEMENT. In 1877, in the county court of Eandolph County, in an action of debt, William M. Phares recovered a judgment against S. W. Ward for money.
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Petition for mandamus by Lee Marstiller as administrator of William M. Phares, deceased, to John Homer Holt, as Judge, and S. W. Ward. STATEMENT. In 1877, in the county court of Eandolph County, in an action of debt, William M. Phares recovered a judgment against S. W. Ward for money. In March, 1901, Lee Marstiller, as administrator of Phares, brought an action of debt upon said judgment against Ward in-the circuit court of Eandolph County, and the defendant not appearing at either the April or May rules, a judgment by default was entered against him; and at the May term of the court the ease…
1Opinion of the Court
BeaNNON, Judge:
The plaintiff did not file an affidavit of the amount which he was entitled to recover either at rules or at the three next succeeding terms, and not until the fourth term, and after Ward had tendered his plea.
Was Ward entitled to set aside the office judgment on pleas tendered at the third, term, and ¡oresumably the same re-tendered at the fourth term after the office judgment, or were the pleas too late? Was the plaintiff entitled to have those pleas disregarded as filed too late, and have judgment entered in his favor upon his affidavit? The Code of 1899, chapter 125,…
2Cases cited8 opinions
- Louisiana Ex Rel. Folsom v. Mayor and Administrators of New OrleansSupreme Court of the United States · 1883
- Quesenberry v. People's Building, Loan & Savings Ass'nWest Virginia Supreme Court · 1898
- Altmeyer v. CaulfieldWest Virginia Supreme Court · 1893
- McClain Adm'r v. DavisWest Virginia Supreme Court · 1892
- Board of Liquidation of the City Debt v. Louisville & Nashville RailroadSupreme Court of the United States · 1883
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3Cited by20 opinions
- Hall v. Philadelphia Co.West Virginia Supreme Court · 1913
- Hill v. CroninWest Virginia Supreme Court · 1904
- Philip Carey Manufacturing Co. v. WatsonWest Virginia Supreme Court · 1905
- Bank v. BurdetteWest Virginia Supreme Court · 1907
- Forest Glen Land Co. v. GeorgeWest Virginia Supreme Court · 1924
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