Legal Opinion

Miller v. Peck

West Virginia Supreme Court

Decided April 30, 1881PublishedCited by 9 opinions

Writ oí eri’or to a judgment of the circuit court of the county of Wetzel, rendered on the 14th day of October, 1878, in an action in said court then pending, wherein Hannah Miller was plaintiff and Andrew Peck, D. B. Miller and J. W. Kyser were defendants, allowed upon the petition of said Miller. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the judgment complained of.

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Writ oí eri’or to a judgment of the circuit court of the county of Wetzel, rendered on the 14th day of October, 1878, in an action in said court then pending, wherein Hannah Miller was plaintiff and Andrew Peck, D. B. Miller and J. W. Kyser were defendants, allowed upon the petition of said Miller. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the judgment complained of. Moore, PRESIDENT, furnishes the following statement of the case: On the 9th day of October, 1878, Hannah Miller filed in the circuit court of Wetzel county a petition under chapter 107 of Code of 1868,…

1Opinion of the Court

Moore, President,

announced the opinion of the Court:

It is insisted by the plaintiff in error, Hannah Miller, that the court erred in giving judgment against her for the white oak barrel heading wood, and deciding that the same was liable to the payment of the judgment against her husband and J. W. Kyserin favor of Andrew Peck..

The consideration of the case as presented to us by the record and argument necessarily involves the questions of husband’s agency in the business affairs of his wife relative to her separate property, and to what extent he can devote his labor and time to her business…

2Cases cited24 opinions

  1. Knapp v. . SmithNew York Court of Appeals · 1863
  2. Savage v. . O'NeilNew York Court of Appeals · 1871
  3. Holdship v. PattersonSupreme Court of Pennsylvania · 1838
  4. Gage v. . DauchyNew York Court of Appeals · 1866
  5. Buckley v. . WellsNew York Court of Appeals · 1865

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3Cited by9 opinions

  1. Trapnell v. ConklynWest Virginia Supreme Court · 1892
  2. Lusher v. SparksWest Virginia Supreme Court · 1961
  3. Boggess v. Richards's Adm'rWest Virginia Supreme Court · 1894
  4. King v. VoosOregon Supreme Court · 1886
  5. Robinson v. NeillWest Virginia Supreme Court · 1890

4 more not listed; retrieve them via the Exa API.

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