Capehart v. Cunningham
West Virginia Supreme Court
Supersedeas to an order of the circuit court of Kana-wha county, entered on the 18th day of June, 1873, in a motion to set aside a judgment rendered theretofore in said court, against Charles C. Capehart in favor of Samuel Benedict. The motion was made by Stephen P. Capehart, administrator of Charles C. Capehart against John S. Cunningham, administrator of Samuel Benedict, deceased.
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Supersedeas to an order of the circuit court of Kana-wha county, entered on the 18th day of June, 1873, in a motion to set aside a judgment rendered theretofore in said court, against Charles C. Capehart in favor of Samuel Benedict. The motion was made by Stephen P. Capehart, administrator of Charles C. Capehart against John S. Cunningham, administrator of Samuel Benedict, deceased. The facts sufficiently appear in the opinion of the Court. relied on the following authorities: 29 Yt. 332; 8 Ala. 86; 6 Miss. 173; 4 W. Ya. 533; IN. & MeC. (S. C.) 89; 33 Iowa 157; 56 Ill. 385; 9 ~W. Ya. 443; 1…
1Opinion of the CourtMoore, Judge
Samuel Benedict sued out of the clerk’s office of the circuit court of Kanawha county, August 19, 1863, a summons against Charles C. Capehart, in an action of trespass on the case, returnable to rules, “ on the first Monday in September next,” which, by a return endorsed thereoD, by the sheriff, designated a service thereof, in a particular manner, August 24, 1863. Plaintiff filed his *752declaration at rules, the first Monday in September, 1863, at which time the common order was made, defendant not appearing ; and at rules on the last Monday 0p gepteraper, the defendant still failing to appear,…
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