Legal Opinion

Mattingly v. Sutton

West Virginia Supreme Court

Decided December 2, 1881PublishedCited by 15 opinions

Appeal from and supersedeas to a decree of the circuit court of the county of Wood, pronounced on the 13th day of April, 1878, in a cause in said court then pending wherein William H. Mattingly was plaintiff, and Hiratn Sutton and J. G. Mc-Luer were defendants, allowed on petition of said Mattingly. fíon. C, C. Cole special judge pronounced the decree appealed from.

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Appeal from and supersedeas to a decree of the circuit court of the county of Wood, pronounced on the 13th day of April, 1878, in a cause in said court then pending wherein William H. Mattingly was plaintiff, and Hiratn Sutton and J. G. Mc-Luer were defendants, allowed on petition of said Mattingly. fíon. C, C. Cole special judge pronounced the decree appealed from. Haymond, Judge, furnishes the following statement of the case : This is a bill of injunction filed in the circuit court of Wood county. The plaintitf alleges, that one T. R. Barrett obtained a judgment against the defendant,…

1Judgment of the CourtHaymoND, Judge

A case of the application of the remedial justice of courts of equity is by bill quia timet in cases of sureties of debtors and others. If a surety, after the debt has become due, has any apprehension of loss or injury from the delay of the creditor to enforce the debt against the principal debtor, he may file a bill of this sort to compel the debtor to discharge the debt or other obligation, for which the surety is responsible. 2 Story Eq. Jur. §§ 730, 849. The insolvency of one of the parties is a ground, upon which a bill may sometimes be maintained for a set-off, when it clearly appears,…

2Cases cited3 opinions

  1. Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
  2. Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
  3. Miller v. Receiver of the Franklin BankNew York Court of Chancery · 1829

3Cited by15 opinions

  1. Cockrill v. Peoples Savings BankTennessee Supreme Court · 1927
  2. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  3. Craighead v. SwartzSupreme Court of Pennsylvania · 1907
  4. Beard v. BeardWest Virginia Supreme Court · 1885
  5. Dickenson v. CharlesSupreme Court of Virginia · 1939

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