Hastings v. Finney

Fox, Judge:

The decision in this case depends upon whether or not an action instituted before a justice of the peace, in which an attachment has been issued and levied, abates by the death of the sole defendant before judgment, and carries with it a discharge of the attachment lien.

Omer Skeens instituted a suit against Basil Jones before G. J. Finney, justice of the peace of Kanawha County, and on July 14, 1936, sued out an attachment therein which was levied on certain lumber claimed to be the property of the defendant. Before the principal action was tried, defendant died and J. Wilmer Long…