Beard v. Arbuckle
West Virginia Supreme Court
Appeal from and supersedeas t.o four decrees of the circuit court of the county of Greenbrier, rendered respectively on the 13th day of November, 1876, the 7th day of February, 1877, the 26th day of May, 1877, and the 25t.h day of June, 1877, in a cause in said court then pending, wherein Hannah R. Beard was plaintiff, and Matthew Arbuckle and others were defendants, allowed upon the petition of said Arbuckle.
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Appeal from and supersedeas t.o four decrees of the circuit court of the county of Greenbrier, rendered respectively on the 13th day of November, 1876, the 7th day of February, 1877, the 26th day of May, 1877, and the 25t.h day of June, 1877, in a cause in said court then pending, wherein Hannah R. Beard was plaintiff, and Matthew Arbuckle and others were defendants, allowed upon the petition of said Arbuckle. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from. JOHNSON, President, furnishes the following statement of the case : This cause has been…
1Opinion of the Court
JoHNSON, President,
announced the opinion of the Court:
The first error assigned is, that the decree of the 13th of November, 1876, is erroneous, because, as is claimed, the answer of A. F. Mathews and the exhibits filed therewith show the origin and history of the debt decreed to him and show, that Andrew Beard was sheriff of Greenbrier county, and as such sheriff had in his hands several executions against the defendant Arbuckle, that he voluntarily paid them off as sheriff, and having thus discharged them he treated the judgments, on which they issued, as his own and assigned them to James…
2Cases cited1 opinion
- Scott v. LudingtonWest Virginia Supreme Court · 1878
3Cited by19 opinions
- Rymer v. South Penn Oil Co.West Virginia Supreme Court · 1904
- Hutton v. LockridgeWest Virginia Supreme Court · 1886
- Park v. Petroleum Co.West Virginia Supreme Court · 1884
- Moore v. LigonWest Virginia Supreme Court · 1883
- Evans v. SpurginSupreme Court of Virginia · 1854
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