Perry v. Horn
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Wood, rendered on the 14th day of April, 1879, in a cause in said court then pending, wherein John "W. Perry was plaintiff, and S. J. Horn and others were defendants, allowed upon the petition of said S. J. Horn. Hon. J. M. Jackson, jxidge 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 Wood, rendered on the 14th day of April, 1879, in a cause in said court then pending, wherein John "W. Perry was plaintiff, and S. J. Horn and others were defendants, allowed upon the petition of said S. J. Horn. Hon. J. M. Jackson, jxidge of the fifth judicial circuit, rendered the decree appealed from. GREEN, Judge, furnishes the following statement of the case: In July, 1878, J. W. Perry brought a suit in chancery in the circuit court of Wood county to subject certain real estate of thé defendant, S. J. Horn, to…
1Judgment of the CourtGreen, Judge
The first enquiry in this case is, whether the appeal should not be dismissed as improvidently awarded. "We have decided during the present term of this Court in Alois Casanova v. Peter Kreusch, supra, that where a writ of error and super-sedeas has been dismissed because of the failure of the plaintiff in error to give a new bond with security when required so to do by this Court, the sureties in the first bond being insolvent, the plaintiff in error, can not be awarded a writ of error without supersedeas on giving the bond required by law, and if this be done the writ of error will be…
2Cases cited8 opinions
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