Laidley's Adm'rs v. Bright's Adm'r
West Virginia Supreme Court
Writ of error and supersedeas to two judgments of the cjrcu-[t court of the county of Kanawha, one of which was rendered on the 27th day of June, 1879, and the . other on the 18th day of December, 1879, in an action in said court then pending, wherein Albert Laidley’s administrators were plaintiffs and M. A. Bright’s administrator was defendant, allowed upon petition of defendant. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgments complained of.
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Writ of error and supersedeas to two judgments of the cjrcu-[t court of the county of Kanawha, one of which was rendered on the 27th day of June, 1879, and the . other on the 18th day of December, 1879, in an action in said court then pending, wherein Albert Laidley’s administrators were plaintiffs and M. A. Bright’s administrator was defendant, allowed upon petition of defendant. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgments complained of. GTtEEN, PRESIDENT, furnishes the following statement of the case: M. A. Capehart on March 21, 1874, instituted an…
1Opinion of the Court
Green, PRESIDENT,
announced the opinion of the Court:
The defendants in error by their counsel insist, that the writ of error in this case should be dismissed, because it is a writ of error and supersedeas to two separate judgments rendered in separate and distinct causes. There is nothing in this position. The judgment on a forthcoming bond is not considered ás brought up by a supersedeas to the first judgment, see Moss et al. v. Moss’s adm’r, 4 H. & M. 303; but the two judgments constitute one proceeding, so far as granting a super-sedeas is concerned; and if the judgment on the forthcoming…
2Cases cited7 opinions
- Morrow v. WeedSupreme Court of Iowa · 1856
- Ambler v. LeachWest Virginia Supreme Court · 1879
- Hatcher v. LewisCourt of Appeals of Virginia · 1826
- Bell v. BuggSupreme Court of Virginia · 1814
- Rudd v. Thompson & BarnesSupreme Court of Arkansas · 1860
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3Cited by12 opinions
- Sharman v. HuotMontana Supreme Court · 1898
- Fisher, Sons & Co. v. CrowleyWest Virginia Supreme Court · 1905
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Thomas v. LinnWest Virginia Supreme Court · 1894
- McClure-Mabie Lumber Co. v. BrooksWest Virginia Supreme Court · 1899
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