Stevenson v. Walker
West Virginia Supreme Court
The bill was filed in tbis cause at February rules, 1870; in the circuit court of Hancock county, by John E. Stevenson against John S. Walker. It is unnecessary to state the particular allegations of the bill, as the question determined by this court relates rather to the proceedings upon an award' in the case, which purported to settle the matters in dispute.
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The bill was filed in tbis cause at February rules, 1870; in the circuit court of Hancock county, by John E. Stevenson against John S. Walker. It is unnecessary to state the particular allegations of the bill, as the question determined by this court relates rather to the proceedings upon an award' in the case, which purported to settle the matters in dispute. Generally, however, it may be said that it was to determine the character and provide for the settlement of a partnership,, and that an injunction was granted and receiver appointed on the filing of the bill. Subsequently Walker filed a…
1Opinion of the Court
BERKSHIRE, P.
The objection urged against the decree in this case is, that the court transcended its powers and authority in proceeding to enforce the provisions of the award by •decreeing a sale of the real estate mentioned in it, &c., after entering it up as the decree of the court, as provided for by •our statute. And it was maintained that the jurisdiction of the court over the cases embraced in the argument and submission, terminated upon the filing of the same in court on the 8th day of March, 1870.
The first section of chapter 108 of the Code, p. 569, provides for the submission to…
2Cases cited2 opinions
- Commonwealth v. Pejepscut ProprietorsMassachusetts Supreme Judicial Court · 1811
- Post v. SweetSupreme Court of Pennsylvania · 1822
3Cited by3 opinions
- Turner v. StewartWest Virginia Supreme Court · 1902
- Bassett's Adm'r v. Cunningham's Adm'rSupreme Court of Virginia · 1853
- Columbian Fuel Corp. v. Warfield Natural Gas Co.District Court, S.D. West Virginia · 1947