Duty v. Sprinkle
West Virginia Supreme Court
Error to Circuit Court, Ritchie County. M. K. Duty having obtained a judgment against M. K. Sprinkle, and an order of sale of real estate belonging to her, in an attachment proceeding for the collection of a balance due on a note executed by her and her husband, D. A. Sprinkle, who were then nonresidents, thereafter M. K. and D. A. Sprinkle appeared and filed their petition for a rehearing, as authorized by Code 1899, chapter 106, section 25 (Code 1906, section 3560.) There…
Read the full summary
Error to Circuit Court, Ritchie County. M. K. Duty having obtained a judgment against M. K. Sprinkle, and an order of sale of real estate belonging to her, in an attachment proceeding for the collection of a balance due on a note executed by her and her husband, D. A. Sprinkle, who were then nonresidents, thereafter M. K. and D. A. Sprinkle appeared and filed their petition for a rehearing, as authorized by Code 1899, chapter 106, section 25 (Code 1906, section 3560.) There was a judgment confirming the former judgment for plaintiff, and M. K. Sprinkle brings error.
1Opinion of the Court
POEEENBARGER, PRESIDENT:
At the June term of the circuit court of Ritchie county, 189T, M. K. Duty obtained a judgmant against M. K. Sprinkle and an order for the sale of certain real estate, belonging to her, in an attachment proceeding, for the collection of a, balance due on a negotiable promissory note, executed by her and her husband, D. A. Sprinkle, who were then non-residents of the state, had been proceeded against as such and had not appeared in the action. On *41February 28, 1902, they appeared and filed their petition asking for a rehearing of the case, as they were authorized to do by…
2Cases cited4 opinions
- Hughes & Co. v. HamiltonWest Virginia Supreme Court · 1882
- Bank of Huntington v. HysellWest Virginia Supreme Court · 1883
- Aspinall v. BarrickmanWest Virginia Supreme Court · 1887
- Simmons v. SimmonsWest Virginia Supreme Court · 1904
3Cited by14 opinions
- Wyckoff v. PainterWest Virginia Supreme Court · 1960
- Tabler v. HoultWest Virginia Supreme Court · 1931
- Lightner v. LightnerWest Virginia Supreme Court · 1962
- Lightner v. LightnerWest Virginia Supreme Court · 1962
- Shaffer v. Calvert Fire InsuranceWest Virginia Supreme Court · 1950
9 more not listed; retrieve them via the Exa API.