Collins v. Mann
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of Greenbrier county, rendered on the 25th day of June, 1877, in an action in said court then pending, wherein John W. Collins was plaintiff and James Mann and Tobias Mann were defendants, allowed upon the petition of said Collins. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of Greenbrier county, rendered on the 25th day of June, 1877, in an action in said court then pending, wherein John W. Collins was plaintiff and James Mann and Tobias Mann were defendants, allowed upon the petition of said Collins. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the judgment complained of. Moore, Judge, furnishes the following statement of the case: Collins in August, 1876, instituted, in the circuit court of Greenbrier county, against Mann and Odell, an action of trespass for the seizure and…
1Opinion of the CourtMoore, Judge
This proceeding being jointly against the judgment creditor, J. Mann, and the deputy sheriff, Odell, who acted in the execution of the fieri facias, I will .consider their respective positions separately, and the law and the evidence applicable thereto; because, I think, in this case, notwithstanding the defendants pleaded jointly “ not guilty,” the rules of protection are somewhat different as respects the one as a ministerial officer, and the other as the judgment creditor, and prime mover in the original proceedings.
The defendants having pleaded not guilty, and the issue being joined…
2Cases cited6 opinions
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Kerr v. . MountNew York Court of Appeals · 1863
- Connah v. HaleNew York Supreme Court · 1840
- Parker v. WalrodCourt for the Trial of Impeachments and Correction of Errors · 1836
- Tracy v. CloydWest Virginia Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Paine v. TutwilerSupreme Court of Virginia · 1876
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