Shipley v. Pew
West Virginia Supreme Court
Woods, Judge, furnishes the following statement of the case: This was a bill'filed in the circuit court of Gilmer county on September 16, 1874, by Daniel E. Shipley, surviving partner of Shipley & Howard against Preston Pew, as principal debtor, Peregrine Hays and Levi Johnson as his sureties and Gideon D. Camden, to enforce the lien of a judgment recovered by Shipley & Howard on May 5,1855, against said Pew and his said sureties, on a forthcoming board for six hundred and…
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Woods, Judge, furnishes the following statement of the case: This was a bill'filed in the circuit court of Gilmer county on September 16, 1874, by Daniel E. Shipley, surviving partner of Shipley & Howard against Preston Pew, as principal debtor, Peregrine Hays and Levi Johnson as his sureties and Gideon D. Camden, to enforce the lien of a judgment recovered by Shipley & Howard on May 5,1855, against said Pew and his said sureties, on a forthcoming board for six hundred and seventy-nine dollars and seventy-nine cents, to be discharged by the payment of three hundred and thirty-nine dollars and…
1Opinion of the Court
Woods, Judge :
The answer of the defendant Hays presents two grounds of defence against the demands of the plaintiff, either of which if established is a complete defence.
The first is, that the plaintiff’s judgment has been fully-paid, and the second is, that the judgment at the time the plaintift instituted his suit, was barred by the statute of limitations. Both of these allegations in the defendants’ answer are denied by the general replication thereto, and the burden of proving these grounds of defence rests upon the defendants.
The only7 proof of payments, in the cause, were the returns…
2Cases cited1 opinion
- Werdenbaugh Adm'r v. ReidWest Virginia Supreme Court · 1882
3Cited by15 opinions
- State v. MinesWest Virginia Supreme Court · 1893
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- McClaugherty v. CroftWest Virginia Supreme Court · 1897
- Handy v. SmithWest Virginia Supreme Court · 1887
- Lamon v. GoldWest Virginia Supreme Court · 1913
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