Gutman v. Virginia Iron Co.
West Virginia Supreme Court
These cases arose in Preston county. The summons was returnable to December rules, 1868. At the time of issuing the summons an affidavit was filed alleging the institution of the suit, the nature of the account, that the affiant believed the plaintiffs were “justly entitled to recover in said action,” a certain sum, and then stated the terms 'on which an attachment was based.
Read the full summary
These cases arose in Preston county. The summons was returnable to December rules, 1868. At the time of issuing the summons an affidavit was filed alleging the institution of the suit, the nature of the account, that the affiant believed the plaintiffs were “justly entitled to recover in said action,” a certain sum, and then stated the terms 'on which an attachment was based. The clerk issued an order to the sheriff to attach the estate of the defendants, sufficient to pay the sum mentioned in the affidavit, and make return to the next term of the circuit court, and signed the order as clerk…
1Opinion of the CourtMoore, J.
The plaintiffs instituted an action of trespass on the case in assumpsit against the defendants, on the 28th of November, 1868, in the circuit court of Preston county. At the time the said action was brought the plaintiffs filed with the clerk of said court an affidavit of James K. Jacob, a credible person, and obtained thereon an order of attachment from said clerk, which order of attachment was levied on certain goods, the property of defendants. The defendants moved the court to quash the order of attachment, which motion the court overruled. Judgment for plaintiffs and sale of the…
2Cases cited1 opinion
- Mitchell v. GazzamOhio Supreme Court · 1843
3Cited by12 opinions
- Newell v. WhitwellMontana Supreme Court · 1895
- Teachout v. Larry Sherman's Bakery, Inc.West Virginia Supreme Court · 1975
- Reed v. McCloudWest Virginia Supreme Court · 1894
- Queen v. Man Hospital, Inc.West Virginia Supreme Court · 1946
- Citizens National Bank of Philippi v. AuvilWest Virginia Supreme Court · 1930
7 more not listed; retrieve them via the Exa API.