Legal Opinion

Jackson's Adm'r v. Hull

West Virginia Supreme Court

Decided April 28, 1883PublishedCited by 26 opinions

Appeal from and supersedeas to a decree of the circuit court of the county of Wood, rendered on 8th day of April, 1880, in a cause in said court then pending, wherein Henry J. Jackson’s administrator was plaintiff, and R. M. T. Hull was defendant, allowed upon the petition of said Hull. lion. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appeal from.

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Appeal from and supersedeas to a decree of the circuit court of the county of Wood, rendered on 8th day of April, 1880, in a cause in said court then pending, wherein Henry J. Jackson’s administrator was plaintiff, and R. M. T. Hull was defendant, allowed upon the petition of said Hull. lion. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appeal from. Snyder, Judge, furnishes the following statement of the ease: Lydia Jackson, administratrix of Henry J. Jackson, deceased, filed her bill in the clerk’s office of the circuit court of Wood*county at April rules, 1875,…

1Opinion of the Court

Snyder, Judge,

announed the opinion of the Court:

1. The first error assigned is, that the circuit court improperly overruled the demurrer to the plaintiffs bill, for the reason “that the said bill seeks to have the defendant’s real estate sold to pay the plaintiff’s judgments, and does not allege that they are the only liens upon said real estate, and because it appears that there are other persons whose rights and interests are involved who are not parties to the bill.” And that it was also error to overrule the demurrer to the petition ofW. B. Caswell and S. M. Peterson, because “said…

2Cases cited10 opinions

  1. Marling v. RobrechtWest Virginia Supreme Court · 1878
  2. Werdenbaugh Adm'r v. ReidWest Virginia Supreme Court · 1882
  3. Hughes & Co. v. HamiltonWest Virginia Supreme Court · 1882
  4. Kendrick v. WhitneySupreme Court of Virginia · 1877
  5. Renick v. LudingtonWest Virginia Supreme Court · 1882

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

3Cited by26 opinions

  1. Thompson v. Whitaker Iron Co.West Virginia Supreme Court · 1895
  2. Lambert v. Ensign Manuf'g Co.West Virginia Supreme Court · 1896
  3. United States Blowpipe Co. v. SpencerWest Virginia Supreme Court · 1899
  4. Crumlish's Adm'r v. Shen. Val. RailroadWest Virginia Supreme Court · 1886
  5. Van Winkle v. BlackfordWest Virginia Supreme Court · 1890

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

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