Central Land Co. of West Virginia v. Calhoun
West Virginia Supreme Court
Writ of error to a judgment of the circuit court of Cabell county, rendered on the 15th day of December, 1876, reversing and setting aside a judgment of the county court of said county, rendered on the 5th day of February, 1875, wherein the Central Land Company of West Virginia was plaintiff, and F. J. Calhoun, Thomas H. Harvey and W. H. Harvey were defendants, allowed on the petition of the said Central Land Company of West Virginia.
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Writ of error to a judgment of the circuit court of Cabell county, rendered on the 15th day of December, 1876, reversing and setting aside a judgment of the county court of said county, rendered on the 5th day of February, 1875, wherein the Central Land Company of West Virginia was plaintiff, and F. J. Calhoun, Thomas H. Harvey and W. H. Harvey were defendants, allowed on the petition of the said Central Land Company of West Virginia. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the judgment complained of. GreeN, PRESIDENT, furnishes the following statement of the case :…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
Syllabus 1. Syllabus 2, The county court properly took jurisdiction of this case; and the circuit court.did not err in recognizing its jurisdiction, which it did by passing judgment on the merits of the case. It is true that the notice for the award of execution on the forfeited forthcoming bond was not, as it shonld have been, docketed in the county court on the day to which the notice was returnable, after proving the due service of the notice. This omission of the plaintiff in error to have his notice proved and his motion docketed at the…
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