Smith v. McLain
West Virginia Supreme Court
Appeal from, and supersedeas to, a decree of the circuit court of Doddridge county, rendered on the 16th day of November 1874, in a cause in chancery then in said court pending, wherein F. M. F. Smith was plaintiff, and Ulysses D. McLain and others were defendants, allowed upon the petition of U. D. McLain and Robert McLain, two of the defendants below. The Hon. C. S. Lewis, late Judge of the second judicial circuit rendered the decree complained of.
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Appeal from, and supersedeas to, a decree of the circuit court of Doddridge county, rendered on the 16th day of November 1874, in a cause in chancery then in said court pending, wherein F. M. F. Smith was plaintiff, and Ulysses D. McLain and others were defendants, allowed upon the petition of U. D. McLain and Robert McLain, two of the defendants below. The Hon. C. S. Lewis, late Judge of the second judicial circuit rendered the decree complained of. Green, President, who delivered the opinion of the Court, furnishes the following statement of the case : On the 22d day of December 1868 U.…
1Opinion of the Court
GREEN, PRESIDENT,
delivered the opinion of the Court:
The first question to be considered is: Ought the bill in the second chancery suit to have been dismissed, on the demurrer, as multifarious? Before considering this question, I will consider in what form Smith should have sought the relief prayed for in his bill. There are two distinct prayers in his bill, one is to set aside the common law judgment, because of the discovery of new evidence since its trial; and the other to set aside the chancery decree, in favor of the McLains against him, for the amount of this judgment, and to enjoin the…
2Cases cited14 opinions
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
- Hendrickson v. HinckleySupreme Court of the United States · 1855
- Vanbibber v. BeirneWest Virginia Supreme Court · 1873
- Slack v. WoodSupreme Court of Virginia · 1852
- Floyd v. JayneNew York Court of Chancery · 1822
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3Cited by18 opinions
- Wellsburg & State Line Railroad v. Pan Handle Traction Co.West Virginia Supreme Court · 1904
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Hubbard v. YocumWest Virginia Supreme Court · 1888
- Harner v. PriceWest Virginia Supreme Court · 1880
- Jones v. Reid Adm'rWest Virginia Supreme Court · 1878
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