Phares v. Saunders's Adm'r
West Virginia Supreme Court
Writ of error to a judgment of the circuit court of the county of Pendleton rendered on the 21st day of April, 1870, in an action in said court then pending, wherein Sylvanus Phares, ex’r of Solomon Phares, deceased, was plaintiff, and Edward T. Saunders’ adm’r and Samuel C. Eagle were defendants, allowed upon the petition of said administrator. Hon. J. T. Hoke, late judge of the fourth judicial circuit, rendered the judgment complained of.
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Writ of error to a judgment of the circuit court of the county of Pendleton rendered on the 21st day of April, 1870, in an action in said court then pending, wherein Sylvanus Phares, ex’r of Solomon Phares, deceased, was plaintiff, and Edward T. Saunders’ adm’r and Samuel C. Eagle were defendants, allowed upon the petition of said administrator. Hon. J. T. Hoke, late judge of the fourth judicial circuit, rendered the judgment complained of. Johnson, President, furnishes the following statement of the case : This is an action of debt brought in 1868 by Sylvanus Phares, executor of Solomon…
1Opinion of the Court
JOHNSON, President,
announced the opinion of the Court:
The first question presented in this case is: .Could the petitioner obtain a writ of error to the judgment upon his petition showing, that his intestate died after the judgment was recovered, the plaintiff not having revived the suit'? The petition alleges, that since the rendition of the judgment the defendant, Saunders, has died, and that the petitioner has been appointed by the county court of Pendleton county administrator of the estate of the said defendant. These facts could have been controverted here by the defendant in error, but…
2Cases cited3 opinions
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3Cited by10 opinions
- Martin v. MartinWest Virginia Supreme Court · 1903
- Miller v. Neff'sWest Virginia Supreme Court · 1889
- Whittington v. County Court of Jefferson CountyWest Virginia Supreme Court · 1916
- Booth v. DotsonSupreme Court of Virginia · 1896
- City of Charlottesville v. Stratton's AdministratorSupreme Court of Virginia · 1903
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