Legal Opinion

B. & O. R. R. v. Vanderwarker

West Virginia Supreme Court

Decided March 11, 1882PublishedCited by 11 opinions

Writ of error and supersedeas to a judgment of the circuit court of the county of Marion, rendered on the 3d day of> February, 1881, in an action in said court then pending, wherein the Baltimore & Ohio Eailroad Company was plaintiff, and Isaac J. Vanderwarker and others were defendants, allowed upon the petition of said plaintiff. Hon. A. Brooks 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 Marion, rendered on the 3d day of> February, 1881, in an action in said court then pending, wherein the Baltimore & Ohio Eailroad Company was plaintiff, and Isaac J. Vanderwarker and others were defendants, allowed upon the petition of said plaintiff. Hon. A. Brooks Fleming, judge of the second judicial circuit rendered the judgment complained of. The facts of the case are stated in the opinion of the Court, cited the following authorities: Code ch. 139 § 2; Id. ch. 140 § 3; 3 Wall. 704; 8 Gratt. 289; 7 Wall.…

1Opinion of the Court

Patton, Jtjdoe,

announced the opinion of the Court:

Isaac J. Yanderwarker after a protracted litigation with the B. &. O. R. R. Co. commencing in October, 1853, obtained a decree in the circuit court of Marion county against that company on the 3d day of February, 1864, for the sum of $9,637.24 with interest from the 23d day of June, 1854. Certain creditors of Yanderwarker having in that suit established claims against him to a large amount, it was provided in the decree, that $4,314.24 of that sum with interest from the 23d day of June, 1854, should he paid by the company to the receiver of…

2Cases cited11 opinions

  1. Daniels v. TearneySupreme Court of the United States · 1880
  2. Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
  3. United States v. HodsonSupreme Court of the United States · 1870
  4. Railroad Co. v. BradleysSupreme Court of the United States · 1869
  5. Monteith v. CommonwealthSupreme Court of Virginia · 1859

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Hall v. WadsworthWest Virginia Supreme Court · 1891
  2. Taney v. WoodmanseeWest Virginia Supreme Court · 1884
  3. Baltimore & O. R. v. VanderwerkerWest Virginia Supreme Court · 1897
  4. Love v. McCoyWest Virginia Supreme Court · 1918
  5. Silling v. ErwinDistrict Court, S.D. West Virginia · 1995

6 more not listed; retrieve them via the Exa API.

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