First National Bank of Broadway v. Cootes
West Virginia Supreme Court
Appeal from Circuit Court, Hardy County. Suit by the First National Bank of Broadway, Virginia, against E. A. Cootes and another, partners as Cootes & Son. From Decree for defendants, plaintiff appeals.
1Opinion of the Court
WilliaMS, Judge :
Plaintiff brought this suit in equity and attached the property of E. A. Cootes and F. D. Cootes, partners, as *113Cootes & Son, on the ground that they are non-residents. Defendants attacked the sufficiency of the affidavit upon which the attachment was issued by special plea, on the alleged ground that T. C. Althizer, the notary public before whom the affidavit was made, was and is the cashier of the plaintiff bank. The circuit court overruled plaintiff’s demurrer to the plea and, on its declining to take issue on the fact therein averred, quashed the affidavit and dismissed…
2Cases cited8 opinions
- Patton v. Bank of LaFayetteSupreme Court of Georgia · 1906
- Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
- Bowden v. ParrishSupreme Court of Virginia · 1889
- Lane v. HolcombMassachusetts Supreme Judicial Court · 1903
- Lamagdelaine v. TremblayMassachusetts Supreme Judicial Court · 1894
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3Cited by3 opinions
- Fidelity Union Casualty Co. v. HansonTexas Commission of Appeals · 1932
- Meyers Bros. v. Harman Bros.West Virginia Supreme Court · 1916
- O'Brien v. PopeWest Virginia Supreme Court · 1922