Swann v. Summers
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 13th day of June, 1879, in an action in said court then pending, wherein Thomas B. Swann, administrator of the estate of Stewart Eagle, deceased, was plaintiff, and Lewis Summers and others, debtors of the James River and Kanawha Company, were defendants, allowed upon the petition of the said Summers.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 13th day of June, 1879, in an action in said court then pending, wherein Thomas B. Swann, administrator of the estate of Stewart Eagle, deceased, was plaintiff, and Lewis Summers and others, debtors of the James River and Kanawha Company, were defendants, allowed upon the petition of the said Summers. Hon. Joseph Smith, Judge of the seventh judicial circuit, rendered the judgment complained of. Green, Judge, furnishes the following statement of the case. At the February term, 1857, of…
1Judgment of the CourtGeeen, Judge
The questions of law really involved in this case are, first: Upon what property is a writ of fieri facias, which has been issued under chapter 218 § 2 p. 634 of Acts of 1872-3, alien? and secondly: What is the proper mode of enforcing such lien, when there is no actual levy of the fieri facias, and when by reason of the lien there is a liability on any person other than the judgment-debtor under the provisions of sections 10, 11, 12, 13 and 15 of chapter 218 p. 638 and 639 of Acts of 1872-3? The second section declares, that it shall be a lien on “ all the personal estate of or to which the…
2Cases cited3 opinions
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- Emmons-Hawkins Hardware Co. v. SizemoreWest Virginia Supreme Court · 1928
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