Cockerell v. Nichols
West Virginia Supreme Court
This was an appeal by Nichols, the sole defendant below, from a judgment of the circuit court of Jefferson ■county, in a proceeding therein, wherein John G. Cock-erell was sole plaintiff. The opinion of this Court contains a sufficient statement of the case. The Hon. Joseph A. Chapline, then judge of said circuit court, presided at the trial below.
1Opinion of the Court
Haymond, President :
This is a case of a notice given by the plaintiff to the •defendant to quash a writ of fieri facias, issued out of the ■clerk’s office of the circuit court of Jefferson county, in favor of the defendant, against the plaintiff, on the 16th day of February, 1870, for the sum of $264, with legal interest thereon from the 16th day of September, 1858, and $6.71 costs, as to the sum of $262.50, on the ground of the alleged payment of said sum of $262.50 on the 13th day of November, 1862, to J. W. Campbell, late sheriff of said county, upon an execution for the same debt.
On the…
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