Howard v. Stephenson
West Virginia Supreme Court
Statement of the case by Geeen, Judse : This was a chancery suit, brought in the Circuit Court of. Mason county by H. E. Howard, special receiver of the court, for the enforcement of judgment-liens on the real estate of Hiram Stephenson.
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Statement of the case by Geeen, Judse : This was a chancery suit, brought in the Circuit Court of. Mason county by H. E. Howard, special receiver of the court, for the enforcement of judgment-liens on the real estate of Hiram Stephenson. The bill tiled at the April rules, 1887, stated, that the plaintiff, special receiver of the court in the case of A. Hess and Henry Hess against Gus Jordan, on the 6th of February, 1886, obtained a judgment against said defendant and one Eudolph Eothschild in the said court for $907.09 with interest thereon from February 6, 1886, till paid and the costs…
1Opinion of the Court
G-Rben, Judge :
Is there any error in the decree of May 9, 1887, or in the order of September 23, 1887, dismissing the appellant’s motion asking to set aside this decree at his costs ? That this was the proper mode of correcting the errors in this decree, if there were any to the prejudice of the appellant, is clear from section 5, c. 134, Code W. Va., p. 743. In fact, unless such notice.had been given, and such motion to correct the error in the decree of May 9, 1887, had been made in the Circuit Court, no such errors could have been considered or corrected on an appeal to this Court under…
2Cases cited2 opinions
- Anderson v. NagleWest Virginia Supreme Court · 1877
- Bock v. BockWest Virginia Supreme Court · 1884
3Cited by10 opinions
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- Beckwith v. LaingWest Virginia Supreme Court · 1909
- Miller v. CoxWest Virginia Supreme Court · 1894
- State v. BowenWest Virginia Supreme Court · 1893
- Park v. McCauleyWest Virginia Supreme Court · 1910
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