State v. McCown
West Virginia Supreme Court
Green, Judge, furnishes the following statement of the case: John H. Burns in August, 1871, was arrested upon a warrant for horse-stealing by a justice, John Campbell, of Clay township in Hancock county and brought'before said justice at the court-house of said county in Poe township on August 12, 1871, and on his motion a hearing of the case was continued until August 16, 1871, at one o’clock p. m., and said John 1ST. Burns and John C. McCowu, his surety, entered into,…
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Green, Judge, furnishes the following statement of the case: John H. Burns in August, 1871, was arrested upon a warrant for horse-stealing by a justice, John Campbell, of Clay township in Hancock county and brought'before said justice at the court-house of said county in Poe township on August 12, 1871, and on his motion a hearing of the case was continued until August 16, 1871, at one o’clock p. m., and said John 1ST. Burns and John C. McCowu, his surety, entered into, subscribed and acknowledged before said justice at said court-house a recognizance in the sum of four hundred dollars for…
1Opinion of the Court
Green, Judge:
The only question which I deem necessary to consider or decide in this ease is: Did the circuit court err in making the order of September 1, 1881, overruling the demurrer to the scire facias f The record, on which the scire facias was awarded, is a part thereof, as oyer of it was craved by the defendant. But without even looking at this record the scire facias on its face seems to me to show that the State of West Virginia had no right to have execution against the estate of John C. McCown, deceased, in the hands of his executor; and that therefore the demurrer should have been…
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