Mahany v. Kephart
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Harrison, rendered on the 28th day of June, 1878, in an action of debt in said court then pending, wherein Patrick Mahany was plaintiff, and John A. Kephart and The Baltimore & Ohio Railroad Company were defendants, allowed upon the petition of the said defendants. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Harrison, rendered on the 28th day of June, 1878, in an action of debt in said court then pending, wherein Patrick Mahany was plaintiff, and John A. Kephart and The Baltimore & Ohio Railroad Company were defendants, allowed upon the petition of the said defendants. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the judgment complained of. The facts of the case fully appear in the opinion of the Court. cited the following authorities: Bac. Abr. “Condition ;” Id. “Tender.’Condition ;” 25 Wend.…
1Opinion of the CourtHaymond, Judge
On the 25th day of May, 1878, the plaintiff below, *612Patrick Mahany, assignee of Daniel Schaffer, brought his action of debt for $106.00 in the circuit court of the county of Harrison against John A. Kephart. The writ was made returnable at the rules of said court on the last Monday in May, 1878. On the day the action was commenced the plaintiff therein made oath before a notary public of said county : “ That his claim in said action is for a debt of $106.00, due by a promissory note in writing for that sum, made on the 6th day of April, 1878, by the said John A. Kephart, payable to said Daniel…
2Cases cited15 opinions
- Railroad Company v. HarrisSupreme Court of the United States · 1871
- Gracie v. PalmerSupreme Court of the United States · 1823
- Balt. & Ohio R. R. v. Gallahue's adm'rsSupreme Court of Virginia · 1855
- Bank of the Valley v. Bank of BerkeleyWest Virginia Supreme Court · 1869
- Sheehan v. LevyWashington Supreme Court · 1890
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3Cited by45 opinions
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Chicago, Rock Island & Pacific Railway Co. v. SturmSupreme Court of the United States · 1899
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Wandling v. StrawWest Virginia Supreme Court · 1885
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
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