Legal Opinion

Piercy v. Beckett

West Virginia Supreme Court

Decided August 23, 1879PublishedCited by 19 opinions

Appeal from, and supersedeas to a decree of the circuit court of the county of Greenbrier, rendered on the 22d day of June, 1876, in a cause in -said court then pending, wherein George Piercy, executor, was plaintiff, and James M. Beckett and others were defendants, allowed upon petition of said Piercy. Hon. Homer A. Holt, judge of the eight judicial circuit, rendered the decree appealed from.

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Appeal from, and supersedeas to a decree of the circuit court of the county of Greenbrier, rendered on the 22d day of June, 1876, in a cause in -said court then pending, wherein George Piercy, executor, was plaintiff, and James M. Beckett and others were defendants, allowed upon petition of said Piercy. Hon. Homer A. Holt, judge of the eight judicial circuit, rendered the decree appealed from. JOHNSON, Judge, furnishes the following statement of the case: In August, 1868, George Piercy, executor of the last will and testament of John Piercy, Sr., deceased, filed bis bill in the circuit court…

1Opinion of the CourtJohnson, Judge

The first question presented, and in the view we take of the case the only one necessary or proper for us to consider, is: Should the demurrer to the amended bill have been sustained ? The following principles as to amending bills are well settled. A party under the privilege Syllabus 1. of amending is not to introduce new matter, which would constitute a new bill. Amendments can only be granted *451when the bill i.s defective in parties, or in prayer for relief, or in the omission of, or mistake as to a fact or circnm-stance connected with the substance, but not forming the substance itself, or…

2Cases cited4 opinions

  1. Shields v. BarrowSupreme Court of the United States · 1855
  2. Christmas v. RussellSupreme Court of the United States · 1872
  3. Verplank v. Mercantile InsuranceNew York Court of Chancery · 1831
  4. Piercy's Heirs v. PiercyWest Virginia Supreme Court · 1872

3Cited by19 opinions

  1. Burlew v. QuarrierWest Virginia Supreme Court · 1880
  2. Pickens v. KniselyWest Virginia Supreme Court · 1886
  3. Mullins v. GreenWest Virginia Supreme Court · 1960
  4. Floyd v. DuffyWest Virginia Supreme Court · 1910
  5. Mullins v. GreenWest Virginia Supreme Court · 1960

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