Baker v. Rinehard
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of Ritchie county, rendered on the 27th day of April 1877, in a cause in chancery, in said court then pending, wherein Tillman H. Baker and others, were plaintiffs, and Rinehard, Mayer & Co., were defendants, granted upon the petition of said plaintiffs. Hon. James M. Jackson, Judge of the fifth judicial circuit rendered the decree complained of.
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Appeal from and supersedeas to a decree of the circuit court of Ritchie county, rendered on the 27th day of April 1877, in a cause in chancery, in said court then pending, wherein Tillman H. Baker and others, were plaintiffs, and Rinehard, Mayer & Co., were defendants, granted upon the petition of said plaintiffs. Hon. James M. Jackson, Judge of the fifth judicial circuit rendered the decree complained of. The following statement of the case was prepared by Greek, Presidekt, who delivered the opinion of the Court: Tillman H. Baker, W. S. Baker and A. S. Baker, in January 1877, filed their…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
The question arising in this cause is, whether on such allegations, as are made in the bill, an injunction can be properly sought by the owners of personal property to prevent its sale by a sheriff, who has levied upon it an execution, issued against a third party having no interest in the property. In Virginia the decisions seem to tablish the principle: “ That a court ol equity should not interfere, to prevent a creditor from seizing and selling under his execution any property, which he may ■ think liable to it: unless the roperty be of…
2Cases cited12 opinions
- Watson v. SutherlandSupreme Court of the United States · 1867
- Bank of the United States v. RITCHIESupreme Court of the United States · 1834
- Boyd & Suydam v. Hoyt & ParselNew York Court of Chancery · 1835
- Douglass v. Town of HarrisvilleWest Virginia Supreme Court · 1876
- Randolph v. RandolphSupreme Court of Virginia · 1828
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3Cited by9 opinions
- Kerr v. HillWest Virginia Supreme Court · 1886
- Zanhizer v. HefnerWest Virginia Supreme Court · 1900
- Dunn v. BaxterWest Virginia Supreme Court · 1888
- Wiles v. WilesWest Virginia Supreme Court · 1950
- Zinn v. ZinnWest Virginia Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.