Legal Opinion

Thompson's Exors. v. Boggs

West Virginia Supreme Court

Decided July 17, 1874PublishedCited by 7 opinions

Appeal, operating as a supersedeas, granted on the petition of the defendants below, from a judgment of the circuit court of "Wood county, rendered on the 27 th day of March, 1873, in a suit therein pending, wherein Edward Tracewell and M. P. Amiss, executors of James Thompson, deceased, who sued for the use and benefit of Edward Tracewell, were plaintiffs, and F. C. Boggs and J. H. Robinson, defendants.

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Appeal, operating as a supersedeas, granted on the petition of the defendants below, from a judgment of the circuit court of "Wood county, rendered on the 27 th day of March, 1873, in a suit therein pending, wherein Edward Tracewell and M. P. Amiss, executors of James Thompson, deceased, who sued for the use and benefit of Edward Tracewell, were plaintiffs, and F. C. Boggs and J. H. Robinson, defendants. The following is a copy of the declaration filed in the suit: “Edward Tracewell and M. P. Amiss,executors of James Thompson, deceased, who sue for the use of Edward Tracewell, complain of F.…

1Opinion of the Court

Haymond, President :

This is an action of debt. The writ demands of defendants $4,845 debt, and damages, $20. The declaration, in the early part thereof, demands of the defendants the same amount of debt as the writ, and the damages are stated at the close of the declaration at $20. The declaration, after demanding the said amount of debt, then proceeds to count first, in the usual form, upon a single bill alleged to be made by the defendants to the plaintiffs on the 16th day of October, 1865, payable six months after date, for $2,420.50, with interest from date, “being part of the money above…

2Cases cited1 opinion

  1. Armstrong v. ArmstrongsSupreme Court of Virginia · 1829

3Cited by7 opinions

  1. Fisher v. City of CharlestonWest Virginia Supreme Court · 1881
  2. Fisher v. Mayor of CharlestonWest Virginia Supreme Court · 1881
  3. Anderson v. PrinceWest Virginia Supreme Court · 1906
  4. Hamrick v. NutterWest Virginia Supreme Court · 1923
  5. Stoneman v. CommonwealthSupreme Court of Virginia · 1874

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