Shriver v. Garrison
West Virginia Supreme Court
Statement of the case by Woods, Judue : On the seventh of September, 1885, Solomon H. Shriver in his own right and as administrator of John Hagan, Sr., deceased, filed his bill in the Circuit Court of Monongalia county, verified by his affidavit, against James L. Garrison in his own right and as guardian of Patrick, Charles L., Clara May, Kate, Mary, and John Hagans, Jr., the children and heirs at law of said decedent, all of whom were infants at the time of their father’s…
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Statement of the case by Woods, Judue : On the seventh of September, 1885, Solomon H. Shriver in his own right and as administrator of John Hagan, Sr., deceased, filed his bill in the Circuit Court of Monongalia county, verified by his affidavit, against James L. Garrison in his own right and as guardian of Patrick, Charles L., Clara May, Kate, Mary, and John Hagans, Jr., the children and heirs at law of said decedent, all of whom were infants at the time of their father’s death, seeking to recover from the defendant the sum of $1,538.36, alleged to have been overpaid by the plaintiff, as…
1Opinion of the Court
Woods, Judge :
The plaintiff rests his right to recover from the defendant the sum of $1,538.36, alleged to have been overpaid by Mm as administrator to the defendant as guardian of his surviving wards, on the ground that all the payments so made by him were paid under the mistake that John- Hagan, Jr., at the time of his death, in March, 1875, had his domicile in the State of Ohio, and that the surviving wards were his sole distributees. The defendant resists the plaintiff’s demand, on the ground that no such overpayment was ever in fact made to him, either in his fiduciary or individual…
2Cases cited4 opinions
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- Anderson v. PiercyWest Virginia Supreme Court · 1882
- Beard v. BeardWest Virginia Supreme Court · 1885
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3Cited by21 opinions
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- Smith v. RootWest Virginia Supreme Court · 1910
- Moritz v. HorsmanMichigan Supreme Court · 1943
- Cochran v. ParisSupreme Court of Virginia · 1854
- Webb v. WebbWest Virginia Supreme Court · 1983
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