Adler v. Green
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the municipal court of Wheeling, rendered on the 26th day of September, 1880, in an action at law in said Court then pending, wherein J. Adler and S. Roedelheim were plaintiffs, and Joseph Green, George G. Roth and L. Wilhelm were defendants, allowed upon the petition of said defendants. Hon. G. L. Cranmer, judge of the municipal court of Wheeling, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the municipal court of Wheeling, rendered on the 26th day of September, 1880, in an action at law in said Court then pending, wherein J. Adler and S. Roedelheim were plaintiffs, and Joseph Green, George G. Roth and L. Wilhelm were defendants, allowed upon the petition of said defendants. Hon. G. L. Cranmer, judge of the municipal court of Wheeling, rendered the judgment complained of. PattoN, Judge, furnishes the following statement of the case : A writ of fieri facias in favor of Adler & Roedelheim against Joseph Green, was levied by the city…
1Judgment of the CourtPatton, Judge
In my view of this ease it is not necessary to consider, whether, the court below properly overruled the demurrer to the declaration, nor whether it erred in rejecting the special pleas in writing tendered by the defendants. The real issue in the case is, whether the property levied on, to retain the possession of which the forthcoming bonds in this case were executed, was in fact forthcoming and delivered to the officer on the day of sale or on the day on which by the terms of the second bond it was to be delivered. ■
It is claimed by the counsel for the defendants in error, that the…
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