McCoy v. Allen
West Virginia Supreme Court
Appeal from and supersedeas to two decrees of the municipal court of Wheeling, rendered, the one on the 30th day of January, 1875, and the other on the 1st day of January, 1878, in a cause in chancery in said court then pending, wherein Catherine McCoy was plaintiff, and Cornelia E. Allen and others were defendants, allowed upon.the petition of Robert W. Cos. Hon. Gibson L. Cranmer, judge of the municipal court of Wheeling, rendered the decrees appealed from.
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Appeal from and supersedeas to two decrees of the municipal court of Wheeling, rendered, the one on the 30th day of January, 1875, and the other on the 1st day of January, 1878, in a cause in chancery in said court then pending, wherein Catherine McCoy was plaintiff, and Cornelia E. Allen and others were defendants, allowed upon.the petition of Robert W. Cos. Hon. Gibson L. Cranmer, judge of the municipal court of Wheeling, rendered the decrees appealed from. Green, President, furnishes the following statement of the case: In 1874 Catharine McCoy brought a suit in chancery in the municipal…
1Opinion of the Court
Green, President,
delivered the opinion of the Court.
Syllabus 1. The first enquiry presented by this record is: Was Robert W. Cox, the appellant, a party to the original cause ? He certainly was not made a party by the original bill, but by the first decree in the cause on the defendant’s motion “he was made a party defendant, and it was ordered that process issue against him.” And process was issued against him, and was duly served on him, to answer the bill. In the language of the court in Mosely v. Goodie, 7 Leigh 226, slightly modified, “He was not named in the bill; there is no allegation…
2Cases cited4 opinions
- Newman v. MollohanWest Virginia Supreme Court · 1877
- Monroe v. BartlettWest Virginia Supreme Court · 1873
- Johnson v. YoungWest Virginia Supreme Court · 1877
- Ford v. DoyleCalifornia Supreme Court · 1869
3Cited by32 opinions
- Fowler v. Lewis's Adm'rWest Virginia Supreme Court · 1892
- Bensimer v. FellWest Virginia Supreme Court · 1891
- Shinn v. Board of EducationWest Virginia Supreme Court · 1894
- Shaffer v. FettyWest Virginia Supreme Court · 1887
- Glos v. PeopleIllinois Supreme Court · 1913
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