Donaldson v. Voltz
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Preston, rendered on the 26th day of March, 1879, in a cause in said court then pending, wherein Charles Donaldson was plaintiff and Peter Voltz was defendant, allowed upon the petition of said Voltz. Hon. John Brannon, judge of the sixth judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of the county of Preston, rendered on the 26th day of March, 1879, in a cause in said court then pending, wherein Charles Donaldson was plaintiff and Peter Voltz was defendant, allowed upon the petition of said Voltz. Hon. John Brannon, judge of the sixth judicial circuit, rendered the decree appealed from. The facts of the case are fully stated in the opinion of the court. cited the following authorities: Code ch. 93 §§ 10, 11; Acts 1872-3 ch. 193 § 6 ; Id. §§ 2, 3; 3 H. & M. 311; 7 Leigh 311; 3 Call 415; Dan. Alt. §§ 11, 12; 8 W.…
1Opinion of the Court
PattoN, Jdjdge,
announced the opinion of the Court:
Charles Donaldson, a husband and parent, rented a house from Peter Y oltz. Y oltz obtained a distress-warrant for rent, which was levied on Donaldson’s personal property. Donaldson claimed, that his property, which amounted in value to only $134.50, was exempt irom forced sale under section 48 Art. YI of the Constitution. The sheriff not recognizing this property as exempt was about to sell it, when Donaldson obtained an injunction to the sale. This injunction was subsequently perpetuated by the circuit court of Preston county. Yoltz then…
2Cases cited1 opinion
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