Shaw v. McCullough
West Virginia Supreme Court
J. D. McCullough obtained a judgment, in the circuit court of Mason county, against W. L. Maddy, G. W. Gar-gill and S. G. Shaw. A writ of fieri facias was issued on the 14th day of May, 1867. A forthcoming bond was taken forfeited and quashed. A new bond was taken which was also forfeited and returned to the clerk’s office.
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J. D. McCullough obtained a judgment, in the circuit court of Mason county, against W. L. Maddy, G. W. Gar-gill and S. G. Shaw. A writ of fieri facias was issued on the 14th day of May, 1867. A forthcoming bond was taken forfeited and quashed. A new bond was taken which was also forfeited and returned to the clerk’s office. The writ of fieri facias had been levied on the property of Shaw ou the 3d day of July, 1867. On the 31st day of October, 1867, the plaintiff in the writ moved the, court for a judgment on the bond, -which had been lost or mislaid, which the defendants resisted, and the…
1Opinion of the CourtBerkshire, J.
The judgment on the forthcoming bond in this case was resisted by the obligors therein, solely on the alleged invalidity of the levy of the execution upon which the bond was taken, and the only defense made was a motion to quash the levy of the execution, which levy, it was insisted, was in fact made after the return day of 'said execution.
The condition of the bond recites in substance that a writ oí fieri facias had issued from the clerk’s office of the circuit court of Mason county upon a judgment in favor of the defendant in error against the plaintiffs in error, S. G. Shaw and two others…
2Cited by8 opinions
- Hall v. WadsworthWest Virginia Supreme Court · 1891
- Martin v. . GilbertNew York Court of Appeals · 1890
- McMillan v. HickmanWest Virginia Supreme Court · 1891
- Harwood v. CreelWest Virginia Supreme Court · 1875
- Paine v. TutwilerSupreme Court of Virginia · 1876
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