Braden v. Reitzenberger
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Ritchie, rendered on the 6th day of May, 1879, in a chancery cause in said court then pending, wherein Ezekiel Braden was plaintiff, and S. Reitzenberger was defendant, allowed upon the petition of said Braden. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of the county of Ritchie, rendered on the 6th day of May, 1879, in a chancery cause in said court then pending, wherein Ezekiel Braden was plaintiff, and S. Reitzenberger was defendant, allowed upon the petition of said Braden. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. Johnson, President, furnishes the following statement of the case: Reitzenberger brought an action of debt in the county court of Ritchie county against the firm of Rogers & Clammer in 1877, and on the 7th day of…
1Opinion of the Court
Johnson, President,
announced the opinion of the Court;
It has been many times held both in Virginia and this Slate, that a court of chancery will not entertain a parly seeking relief against a judgment at law in consequence of his default upon grounds, which might have been successfully taken in the said court, unless some reason founded in fraud, accident, surprise or some adventitious circumstances beyond the control of the party be shown, why the defence at- law was not made. Alfred v. Moore, 15 W. Va. 597; Knapp v. Snyder, *290Id. 434 and cases cited. It must appear that the omission of the…
2Cases cited3 opinions
- Green v. HamiltonCourt of Appeals of Maryland · 1860
- Alford v. Moore's Adm'rWest Virginia Supreme Court · 1879
- Richmond Enquirer Co. v. RobinsonSupreme Court of Virginia · 1874
3Cited by22 opinions
- Post v. CarrWest Virginia Supreme Court · 1896
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Hubbard v. YocumWest Virginia Supreme Court · 1888
- Graham v. Citizens' Nat. Bank of ParkersburgWest Virginia Supreme Court · 1898
- Grafton & G. R. v. DavissonWest Virginia Supreme Court · 1898
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