Tyler v. Wetzel
West Virginia Supreme Court
Certified Questions from Circuit Court, Jefferson County. Suit by Cadwell C. Tyler, against C. M. Wetzel and others, to cancel a release of a mortgage and to foreclose the mortgage. Question raised and decided by motion denominated a motion to quash the summons and return of service founded upon the bill as well as upon the process certified.
1Opinion of the Court
Poffenbarger, Judge :
The question decided and certified was raised by a motion denominated a motion to quash the summons and return of service in a chancery suit instituted for the purpose of effecting cancellation of a release of a mortgage and obtaining a decree of foreclosure thereof, though it was founded upon the bill as well as upon the process, as the orders and the court’s rulings disclose.
It was based upon the theory of unauthorized and illegal direction of the process to the sheriff of a county other than that in which the suit was brought and consequent illegal service in such…
2Cases cited1 opinion
- City of Wheeling v. Chesapeake & Potomac Tel. Co.West Virginia Supreme Court · 1917
3Cited by9 opinions
- Virginia v. FlintWest Virginia Supreme Court · 1957
- Lynchburg Colliery Co. v. Gauley & Eastern Railway Co.West Virginia Supreme Court · 1922
- Adkins v. Wayne County CourtWest Virginia Supreme Court · 1923
- McMechen v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1922
- Marks v. MitchellWest Virginia Supreme Court · 1922
4 more not listed; retrieve them via the Exa API.