Harrison's Ex'or v. Price's Ex'or
Supreme Court of Virginia
In August 1869, John W. Cunningham, executor of M. M. Harrison, deceased, and George G. Goodrich, assignee of Pleasant Harrison, who sued for themselves and such other creditors of William B. Price, deceased, as should come in, &c., instituted their suit in equity in the Circuit court of Brunswick county, against John H. Rewis, executor of said Price, and his widow and children, all whom were infants.
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In August 1869, John W. Cunningham, executor of M. M. Harrison, deceased, and George G. Goodrich, assignee of Pleasant Harrison, who sued for themselves and such other creditors of William B. Price, deceased, as should come in, &c., instituted their suit in equity in the Circuit court of Brunswick county, against John H. Rewis, executor of said Price, and his widow and children, all whom were infants. In their bill they charged that they were judgment creditors of the estate of William B. Price, by judgments recovered against the executor; of which they file copies. That the personal estate…
1Opinion of the CourtAndprson, J.
The court is of opinion that the entry made in this cause on the 13th of October 1870 ought, upon the petition which was presented by the plaintiffs, with the exhibits and. affidavits accompanying the same, to have been set aside; and that the case ought to have been brought on to be heard upon the pleadings as they were in fact, and all the proofs in the cause. The said entry is not a decree. It is merely a statement that on the motion of the plaintiffs, and by consent of the parties, the case was submitted that day upon the pleadings and papers described. It is evident from the affidavits…
2Cited by2 opinions
- McDonald v. StewartWest Virginia Supreme Court · 1931
- State v. Citizens National Bank of PhilippiWest Virginia Supreme Court · 1933