Kunst v. Findley
West Virginia Supreme Court
Error to Circuit Court, Taylor County. Action by J. T. Kunst, executor, against Irven Findley and-others. Judgment for plaintiff, and defendants bring error.
1Opinion of the Court
POEEENBARGER, PRESIDENT :
On this writ of error to a judgment on a forthcoming bond, errors are assigned respecting the sufficiency of the notice, *153service thereof, validity of the bond, a plea of non est factum and the evidence.
The proceeding was by motion and, after the notice had been served and docketed, there was a motion to quash the notice and the return of service thereof. As first made on the 27th day of October,' 1908, the motion challenged only the sufficiency of the notice. On a renewal thereof, on the 9th day of February, 1909, it also attacked the return of service as to Irven…
2Cases cited5 opinions
- Hudson v. Iguano Land & Mining Co.West Virginia Supreme Court · 1912
- Security Loan & Trust Co. v. FieldsSupreme Court of Virginia · 1910
- Palmer v. FittsSupreme Court of Alabama · 1874
- Jemison v. Planters' & Merchants' BankSupreme Court of Alabama · 1853
- Walker v. TurnipseedSupreme Court of Alabama · 1845
3Cited by3 opinions
- Payne v. RiggsWest Virginia Supreme Court · 1917
- Windsor Hotel Co. v. SchenkWest Virginia Supreme Court · 1915
- Sayre v. KunstWest Virginia Supreme Court · 1919