Hickman v. Painter
West Virginia Supreme Court
Appeal from, and supersedeas to, a decree oí the circuit court of the, county of Fayette, rendered on the 29th day of August 1871, in a cause in chancery in said court then pending, wherein John Hickman was plaintiff, and Anderson Painter and others were defendants, allowed upon the petition of the defdenants below. Hon. H. L. Gillaspie, a former Judge of said court rendered the decree complained of.
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Appeal from, and supersedeas to, a decree oí the circuit court of the, county of Fayette, rendered on the 29th day of August 1871, in a cause in chancery in said court then pending, wherein John Hickman was plaintiff, and Anderson Painter and others were defendants, allowed upon the petition of the defdenants below. Hon. H. L. Gillaspie, a former Judge of said court rendered the decree complained of. Moore, Judge furnishes the following • statement of the case: Hickman filed his bill in chancery at the June rules, 1868, holden for the circuit court of Fayette county, against Anderson Painter…
1Opinion of the CourtMoore, Judge
This cause is before us upon an appeal allowed the defendants from the decree of August 29, 1871, rendered by the circuit court of Fayette county. The first ground of error, presented by the appellants, is, that the circuit court did not sustain the demurrer to the bill, upon the ground that it was not sworn to at the time the demurrer was filed, and that when it was sworn to, afterwards, it was not done as required by the Code, chapter 125, §37, p. 604. That section, declares: “ If the plaintiff desire the defendant to answer the bill on oath, he must verify his bill by oath; and if the bill…
2Cases cited5 opinions
- In re LybargerWashington Supreme Court · 1891
- Shields v. CommonwealthCourt of Appeals of Virginia · 1826
- Cleveland v. StanleyIndiana Supreme Court · 1859
- Hunter v. RobinsonWest Virginia Supreme Court · 1872
- Parker v. ClarkWest Virginia Supreme Court · 1874
3Cited by20 opinions
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Boyd v. GunnisonWest Virginia Supreme Court · 1878
- Lyttle v. CozadWest Virginia Supreme Court · 1882
- Mitchell v. ChancellorWest Virginia Supreme Court · 1878
- Yates v. Stuart's Adm'rWest Virginia Supreme Court · 1894
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