Legal Opinion

Higginbotham v. Haselden

West Virginia Supreme Court

Decided January 15, 1869PublishedCited by 6 opinions

Haselden k Rohrbough brought an action of trespass on the case «against William T. Higginbotham, Thomas W. Tillman, Isaac J. Post, John S. Huffman, John I). Imbo-den and William L. Jackson, in the circuit court of Hpshur county, to September rules, 1863. The summons was returned executed on Tillman and Post, and “not found” as to the other defendants.

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Haselden k Rohrbough brought an action of trespass on the case «against William T. Higginbotham, Thomas W. Tillman, Isaac J. Post, John S. Huffman, John I). Imbo-den and William L. Jackson, in the circuit court of Hpshur county, to September rules, 1863. The summons was returned executed on Tillman and Post, and “not found” as to the other defendants. The declaration was filed at September rules and conditional judgment had as to the defendants served with process; an order of publication was bad as to other defendants. The order of publication appeared in the newspaper on the 17th of…

1Opinion of the CourtBereshire, J.

This is a supersedeas to the judgment of the circuit court of Upshur county, overruling a motion founded on the 5th section of chapter 181 of the Code 1860, p. 681, to correct certain alleged errors in a judgment rendered in said court on the 18th of November, 1868, in favor of the defendants in error against the plaintiff in error and Isaac J. Post, John 8. Hoffman, John D. Imboden and Wiliam L. Jackson.

*269The process which issued in the suit, in which the judgment complained of was rendered, was returned executed on Thomas W. Tillman, who subsequently died and the suit as to him abated, and…

2Cited by6 opinions

  1. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  2. Lynch v. WestWest Virginia Supreme Court · 1908
  3. Knox v. HornerWest Virginia Supreme Court · 1905
  4. McDonald v. McDonaldWest Virginia Supreme Court · 1869
  5. Perkins v. Southern Coal Corp.District Court, S.D. West Virginia · 1951

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